Evicting a tenant: a landlord’s guide under the Renters’ Rights Act 2025

Leopoldine Mineo

How tenant evictions now work

Since the Renters’ Rights Act 2025 came into force on 1 May 2026, the way landlords recover possession of a residential property has changed fundamentally. Section 21 “no-fault” evictions have been abolished. Every new possession claim now runs through section 8 of the Housing Act 1988, on one of the statutory grounds.

This guide explains the section 8 process, what counts as a valid ground, what happens in court, and what landlords still need to do about any section 21 notice served before 1 May 2026.

For wider context, see our overview of the Renters’ Rights Act 2025 and our guide to the transitional deadlines for pre-commencement section 21 notices.

The legal basis for eviction

UK law requires a legal ground to evict a tenant. For most private rentals, the tenancy is now an assured periodic tenancy (assured shorthold tenancies were abolished from 1 May 2026 and existing ASTs converted automatically).

The standard route to possession is section 8, supported by Schedule 2 of the Housing Act 1988. There are 17 statutory grounds. Some are mandatory (if the ground is established, the court must order possession). Some are discretionary (the court decides whether possession is reasonable).

Section 8: grounds for possession

The Renters’ Rights Act 2025 strengthened and expanded several grounds. The most relevant in practice are:

Mandatory grounds

• Ground 1: landlord or family member to occupy. Two months’ notice. The court must grant possession if it accepts the stated intention.
• Ground 1A: sale of the property. Two months’ notice. The court must grant possession if satisfied the sale is genuine.
• Ground 8: serious rent arrears. Four weeks’ notice. At least two months’ rent unpaid at the date of service and the date of hearing. The amended ground also covers repeated serious arrears, where the tenant has been at least two months in arrears on three occasions within three years.

Discretionary grounds

• Ground 10: some rent arrears at the date of notice and hearing.
• Ground 11: persistent late payment of rent.
• Ground 12: breach of tenancy terms.
• Ground 13: damage to the property.
• Ground 14: antisocial behaviour. Immediate notice. The definition has been broadened to include conduct “capable of causing nuisance or annoyance”.

A landlord can rely on more than one ground in a single notice. Each ground must be clearly stated, with evidence to support it.

How to serve a section 8 notice

To be valid, a section 8 notice must:

• Be served on the current prescribed Form 3
• Accurately state each ground relied on
• Specify the correct notice period for the ground(s)
• Include a clear factual explanation
• Identify the tenant(s) and the tenancy address correctly

Service must comply with the tenancy agreement. Common methods include first-class post, hand delivery, or email where expressly permitted. Keep proof of service: a certificate of posting or a witness statement.

The notice periods vary by ground:

• Ground 8, 10 or 11 (arrears): two weeks
• Ground 12 (tenancy breach): two weeks
• Ground 14 (antisocial behaviour): no minimum notice
• Grounds 1 and 1A: two months

What happens during the notice period

The tenant may try to remedy the breach (for example by repaying arrears). For mandatory grounds like ground 8, the landlord can still proceed if arrears remain above the threshold at the hearing date. For discretionary grounds, the court will weigh whether possession is reasonable.

Use this period to:

• Keep a written record of payments and correspondence
• Document any further breaches
• Consider a payment plan or settlement if appropriate

Possession proceedings in court

If the tenant does not leave at the end of the notice period, the landlord must apply for a possession order. Section 8 claims follow the standard possession procedure (not the accelerated route, which only applied to section 21).

To start a claim, the landlord submits a claim form, particulars of claim, supporting evidence (tenancy agreement, rent schedule, witness statements) and pays the court fee. The court lists a hearing.

Possible outcomes include:

• Outright possession order: the tenant must vacate, usually within 14 days, or up to six weeks where exceptional hardship is shown.
• Suspended or postponed possession order: common for discretionary grounds, the tenant may remain if conditions are met.
• Adjournment for further evidence.
• Dismissal if the landlord fails to prove the case.

In arrears cases, the court can also make a money judgment for the unpaid rent.

If the tenant still does not leave

If the tenant does not comply with a possession order, the landlord must apply for enforcement. Options are:

• County Court bailiffs (the usual route)
• High Court Enforcement Officers (only with permission from the court)

Timelines vary depending on the court and method of enforcement. It is a criminal offence for a landlord to evict a tenant personally, change the locks, or harass the tenant. The order must be enforced through the courts.

Pre-commencement section 21 notices: the 31 July 2026 cut-off

If you served a section 21 notice on your tenant before 1 May 2026, it can still be used, but only for a limited time. The last date to issue court proceedings on a pre-commencement section 21 notice is 31 July 2026.

After that date, the notice falls away. You will have to start again under section 8. For the full transitional rules, see our guide to the section 21 abolition deadlines.

The Information Sheet: a separate obligation every landlord must meet

Quite apart from any possession plans, every landlord must give their tenants “The Renters’ Rights Act Information Sheet 2026” on or before 31 May 2026. The penalty for non-compliance is up to £7,000 per tenancy. The official document is available to download from gov.uk.

If the tenancy has no written agreement, you must also provide certain written information about the tenancy by the same deadline.

Tenant rights

A tenant cannot be removed from a property without a court order. Landlords cannot change the locks, harass tenants, or pressure them into leaving. Retaliatory eviction (acting in response to a tenant’s complaint about disrepair where the local authority has issued an improvement notice) remains unlawful.

Tenants who have been served a section 8 notice are entitled to challenge its validity, dispute the arrears or grounds, or argue that possession is not reasonable on a discretionary ground.

Practical guidance for landlords

• Keep records. Document every rent payment, every breach, every conversation.
• Inspect the property regularly. Identify issues early and evidence them.
• Maintain a working relationship with the tenant where possible. Most disputes can be avoided or resolved without court.
• Take advice early. Choosing the wrong ground or serving a defective notice can cost months.

How we can help

Osbornes Law’s property litigation team advises landlords and tenants on every stage of the possession process under the Renters’ Rights Act 2025, from section 8 notices and Information Sheet compliance to court proceedings and enforcement.

Call us on 020 7485 8811 or contact us online to speak to a member of the team.