How to Evict a Tenant in the UK Now Section 21 Has Gone (2026)

Short answer: since Section 21 was abolished, a landlord in England can only regain possession by proving a statutory ground under Section 8. You serve the correct notice, apply to court if the tenant stays, and use bailiffs only after a court order. Never change locks or remove belongings yourself, because that is a criminal offence.

For years, most landlords who wanted their property back used a Section 21 "no-fault" notice and never had to explain why. That route has now closed for new claims under the Renters' Rights Act. If you are looking at a tenant who has stopped paying, is damaging the property, or simply needs to leave so you can sell or move in, the process is different and rewards preparation. This guide walks through the modern route step by step, in plain English.

What changed when Section 21 ended

Two changes matter most. First, Section 21 notices can no longer be used to start a possession claim, so every eviction now rests on a specific ground set out in law. Second, assured shorthold tenancies with fixed terms have become periodic tenancies that roll on month by month until the tenant leaves or you win a ground. There is no automatic end date to wait for.

The practical effect is that evidence now matters more than paperwork timing. If you cannot show why you need possession, the court will not grant it. If you already hold a notice served before the change, our guide to Section 21 abolition and existing tenancies explains how those are treated.

The legal grounds you can rely on

Section 8 of the Housing Act 1988 lists the grounds. Some are mandatory, meaning the judge must grant possession if you prove them. Others are discretionary, so the judge weighs what is reasonable. The most commonly used are summarised below. For the full list and exact wording, see our Section 8 notice grounds guide.

Situation	Typical ground	Type
Serious rent arrears	Ground 8	Mandatory
Some or persistent late rent	Grounds 10 and 11	Discretionary
Anti-social behaviour	Ground 14 and related grounds	Discretionary or mandatory depending on facts
Landlord or family moving in	Ground 1	Mandatory
Landlord selling	Ground 1A	Mandatory
Property damage or breach	Grounds 12 and 13	Discretionary

Rules on notice periods, and on how soon after a tenancy starts you may use the moving-in and sale grounds, have changed and are updated by government guidance. Always check the current wording on GOV.UK before you serve anything.

Step 1: decide whether eviction is really the answer

Court is slow, and most landlords do better when they try to resolve things first. Rent arrears often respond to a payment plan, a chat about benefits, or a formal letter. Behaviour problems sometimes end with a clear written warning. Our guide on handling problem tenants without going to court covers what to try before you spend on fees.

If the tenant has effectively left, do not assume the tenancy is over. Read what to do if you think the property is empty before you touch the property.

Step 2: gather your evidence

A judge decides on documents, not on how frustrated you are. Start building the file the day a problem appears:

• The signed tenancy agreement and any variations.
• A rent statement showing every payment and the running arrears figure.
• Copies of letters, emails and text messages, with dates.
• Photos, inventory reports and contractor quotes for damage.
• Logs, witness statements and council records for anti-social behaviour.
• Proof of compliance: deposit protection, gas safety, EICR, EPC and the written tenancy information you gave the tenant (for a tenancy that began before 1 May 2026, the Renters' Rights Act Information Sheet).

That last item is where landlords get caught out. If your own compliance is patchy, the tenant's solicitor will find it and the claim can stall or fail.

Step 3: serve the correct notice

You serve a Section 8 notice on the prescribed form, naming each ground you rely on and giving the facts behind it. Mistakes here are expensive, because a defective notice usually means starting again. Points to check before you serve:

1. Use the current prescribed form, not an old template.
2. Name every ground you might need, since you generally cannot add grounds later without new notice.
3. Give a clear description of the facts, with dates and amounts.
4. Allow the full notice period for each ground and count it carefully.
5. Serve it in a way you can prove, and keep evidence of service.

If the tenant leaves voluntarily after notice, keep a record of the date and the keys returned, and check the property against your inventory.

Step 4: apply to court if they do not leave

A notice does not itself end the tenancy. If the notice period expires and the tenant stays, you apply to the county court for a possession order and pay the court fee, which has typically been a few hundred pounds. The court lists a hearing, where both sides can put their case. For mandatory grounds the judge must order possession if you prove the ground. For discretionary grounds the judge decides whether it is reasonable.

Expect delays. Timescales vary by court, and busy areas can take months from application to hearing. This is why many landlords use a solicitor or a specialist possession service, and why rent arrears cases benefit from starting at the earliest safe point.

Step 5: enforce the order with bailiffs

A possession order is not a licence to remove the tenant yourself. If they still do not leave by the date on the order, you apply for a warrant of possession and a county court bailiff attends. In some cases you can transfer to the High Court for a High Court enforcement officer, which can be quicker but costs more. Only bailiffs or enforcement officers may carry out the eviction itself.

What you must never do

Illegal eviction is a criminal offence under the Protection from Eviction Act 1977, and tenants can also claim damages. Do not change the locks, remove belongings, cut off utilities or harass a tenant to force them out. That includes threatening behaviour, turning up unannounced and entering without proper notice. Even a tenant who is months in arrears keeps their legal protection until a court order is enforced.

Should you use a letting agent to handle it?

A good managed agent can spot arrears early, keep the evidence file tidy, and serve notices correctly, which cuts the risk of a failed claim. Not every agent handles possession in house, though, and some charge extra for it. Across the 14,355 letting agents we currently list, fee structures vary widely, so ask whether notice service, court attendance and rent guarantee cover are included or priced separately. Comparing across the 773 areas we cover makes it easier to see what local agents typically charge.

Related guides

• Section 8 notice grounds after the Renters' Rights Act
• How to handle problem tenants without going to court
• Tenant vetting checklist 2026

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This guide is general information, not legal advice. Check current rules on GOV.UK or with a qualified solicitor before serving notice.

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