In short: Section 21 is gone for good from 1 May 2026, every tenancy is now periodic, and you can no longer end one just because a fixed term expired. To get possession you must rely on a specific Section 8 ground (most commonly selling the property, moving in yourself or family, or rent arrears), serve the correct notice period for that ground, and, if the tenant won’t leave, apply to the county court. Expect the whole process, court included, to take several months even when your case is watertight.
Section 21 no longer exists
Before 1 May 2026, Section 21 of the Housing Act 1988 let landlords recover possession at the end of (or during) a tenancy without giving any reason, provided procedural boxes were ticked. The Renters’ Rights Act 2025 has abolished this entirely. If you served a valid Section 21 notice before commencement, you generally had a limited window, up to 31 July 2026, to issue court proceedings relying on it. Beyond that transitional cut-off, Section 21 is dead: every landlord in England must now use Section 8.
Every tenancy is now periodic
A second structural change matters just as much: fixed-term assured shorthold tenancies no longer exist. All tenancies, including ones that started life as a 12-month fixed term before the Act, automatically converted into periodic assured tenancies on 1 May 2026, with rent periods no longer than one month. New tenancies signed after that date are periodic from the outset. There is no “waiting for the fixed term to end” anymore, because there is no fixed term. Tenants can leave at any time by giving two months’ written notice; landlords can only remove a tenant by proving a statutory ground.
Using Section 8: the grounds that matter for “no fault” landlords
If you need possession but the tenant hasn’t done anything wrong, your main options are:
- Ground 1, you or a close family member want to move in as your/their only or principal home. Requires 4 months’ notice. Cannot be used in the first 12 months of a tenancy, and you must genuinely intend to occupy, misusing it is now a qualifying offence for a rent repayment order.
- Ground 1A, you want to sell the property. Requires 2 months’ notice. Also barred in the first 12 months of the tenancy.
- Ground 6, redevelopment, where you intend substantial works or demolition that can’t be done with the tenant in situ. Notice periods here run to several months and evidence of genuine intent (planning permission, contracts) is expected.
Both Ground 1 and Ground 1A are mandatory, if you can prove the ground, the court must grant possession. But there’s a sting: after using either ground, you are barred from re-marketing or re-letting the property for 12 months. Breach that restriction and your local council can fine you up to £7,000 for a first offence, rising to £40,000 for repeat non-compliance. So “I’ll evict on Ground 1A and just re-let at a higher rent” is not a workaround, it’s a criminal shortcut that will get you caught, because you’ll likely need to register the tenancy on the new PRS database and a change of occupier without a genuine sale will be visible.
The process, step by step
- Identify the correct ground(s), you can serve more than one on the same notice if several apply.
- Serve a Section 8 notice (the prescribed form) specifying the ground(s) relied on and the correct notice period for each.
- Wait out the notice period. If the tenant leaves voluntarily, you’re done. Many won’t, especially now court delays are common knowledge among tenants.
- Apply to the county court for a possession order if the tenant remains after the notice expires. You’ll need to show your evidence for the ground (e.g., a memorandum of sale for Ground 1A, or proof of your own residential circumstances for Ground 1).
- Attend a hearing. Contested cases, where the tenant disputes the ground or asks the court for more time, are decided by a judge, not settled administratively. Mandatory grounds like 1 and 1A still require the court to be satisfied the ground is genuinely made out; they are not automatic rubber stamps.
- If the tenant still doesn’t leave, apply for a warrant of possession and a bailiff appointment.
Be realistic about timescales
Courts have real backlogs. Reported figures put the average time from issuing a claim to actual repossession at well over six months nationally, and considerably longer in London, once you add bailiff waiting lists on top of the possession hearing itself. Landlord surveys show the vast majority of landlords are worried specifically about this, losing rent for months while a case moves through the system. Build this into your planning: if you need vacant possession by a certain date (e.g., you’ve exchanged contracts to sell, or a family member needs to move by a fixed date), start the Section 8 process as early as legally possible and don’t assume the tenant will leave the moment notice expires.
What you cannot do
You cannot change the locks, remove the tenant’s belongings, cut off utilities, or otherwise try to force someone out without a court order and, ultimately, a bailiff. This was already illegal eviction before the Act, and penalties have got harsher, not softer, rent repayment orders for illegal eviction can now claim back up to 24 months’ rent for offences committed from 1 May 2026 onward.
Scotland, Wales and Northern Ireland
This chapter describes the position in England only. Scotland has operated a similar no-fault-free system since 2017 under the Private Housing (Tenancies) (Scotland) Act. Wales has its own Renting Homes (Wales) Act 2016 framework with different notice periods and grounds. Northern Ireland still largely retains a version of the older assured shorthold system, though reform is under discussion there too. Don’t assume any of the England-specific dates or thresholds in this book apply north of the border or across the Severn.
Related reading
Sources
- Repossessing your privately rented property after 1 May 2026, GOV.UK
- Guide to the Renters’ Rights Act, GOV.UK
This is general information, not legal, tax, or financial advice. Rules referenced are accurate to the best of available information as of July 2026 for England unless stated otherwise, this area of law is changing fast, so always check current government guidance (gov.uk) or consult a solicitor before acting, especially on evictions.
Last Updated on September 21, 2026