England Eviction Process: Section 21 and Section 8 Guide
A complete guide to evictions in England, covering the current Section 21 "no-fault" process, Section 8 breach grounds, and legal requirements for landlords.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
England Eviction Process
Landlords in England must follow strict legal procedures to regain possession of a property. Governed by the Housing Act 1988 (which came into force on 15 January 1989), there are currently two primary routes for eviction: Section 21 and Section 8.
[!WARNING] No Self-Help Evictions: It is a criminal offence to evict a tenant without a court order. Changing locks, removing belongings, or harassing tenants to leave is illegal and can lead to criminal prosecution, heavy fines, and a rent repayment order.
1. Section 21: "No-Fault" Eviction
Section 21 allows landlords to regain possession at the end of a fixed-term tenancy (or during a periodic tenancy) without providing a specific reason.
Note: If any of the prerequisites are not met, a Section 21 notice is invalid and will be struck out by the court.
2. Section 8: Eviction for Breach of Contract
Section 8 is used when a tenant has breached the tenancy agreement. The landlord must specify the "grounds" (reasons) for eviction.
Common Grounds for Possession:
- Ground 8 (Mandatory): Serious rent arrears (at least 2 months' rent unpaid). Notice period: 2 weeks.
- Ground 10 (Discretionary): Some rent arrears. Notice period: 2 weeks.
- Ground 12 (Discretionary): Breach of tenancy terms (e.g., unauthorized pets or smoking). Notice period: 2 weeks.
- Ground 14 (Discretionary): Anti-social behaviour. Notice period: Immediate/None required (but still requires court order).
The Legal Eviction Timeline
Future Reforms: Renters' Rights Bill
Landlords should be aware that the Renters' Rights Bill (currently in progress) proposes to abolish Section 21 entirely and move all tenancies to a periodic system. Once enacted, all evictions will require a Section 8 ground. Landager will update these guides the moment these changes become law.
Stay Compliant with Landager
Avoid the trap of invalid notices. Landager tracks your compliance documents (Gas Safety, EPC, Deposit) and alerts you if a notice is at risk of being invalid. Generate court-ready Section 21 and Section 8 notices with one click.
Frequently Asked Questions
▶What are the Section 21 eviction notice rules for landlords in England?
Section 21 'no-fault' evictions are abolished from 1 May 2026 under the Renters' Rights Act 2025. Landlords can serve Section 21 notices until 30 April 2026, and court proceedings based on those notices can continue until 31 July 2026. After that date, all new possession claims must use reformed Section 8 grounds, which require a legally specified reason such as rent arrears, landlord intends to sell, or landlord intends to move in.
▶What are the key landlord-tenant laws in England for 2026?
England's private rented sector has been fundamentally reshaped by the Renters' Rights Act 2025, which received Royal Assent on 27 October 2025. The Act abolishes Section 21 'no-fault' evictions from 1 May 2026, ends fixed-term assured shorthold tenancies (all ASTs automatically convert to assured periodic tenancies), standardises rent increases to Section 13 notices only, and introduces a right for tenants to request pets, a Private Landlord Ombudsman, and a mandatory PRS Database.
Read the complete guide▶What is the security deposit limit for landlords in England?
Under the Tenant Fees Act 2019, security deposits are capped at 5 weeks' rent for properties with an annual rent under £50,000, or 6 weeks' rent for higher-value properties. All deposits must be protected within 30 days in a government-approved Tenancy Deposit Protection (TDP) scheme — either TDS, DPS, or MyDeposits. Failure to protect the deposit invalidates possession proceedings and can result in penalties of 1-3 times the deposit amount.
Read the complete guide▶How often can a landlord raise rent in England?
From 1 May 2026, the Section 13 notice becomes the only lawful method for landlords to increase rent — contractual rent review clauses will no longer be valid. Rent can only be increased once every 12 months, with a minimum of 2 months' written notice via Form 4 (or new Form 4A). Tenants retain the right to challenge increases at the First-tier Tribunal (Property Chamber), which can set the rent to the market rate.
Read the complete guide▶What disclosures must landlords provide to tenants in England?
England mandates extensive landlord disclosures including the government-issued 'How to Rent' guide, a valid Energy Performance Certificate (EPC) with a minimum E rating, a Gas Safety Certificate (renewed annually), an Electrical Installation Condition Report (EICR), and the Renters' Rights Act Information Sheet (required by 31 May 2026). From 1 May 2026, landlords must also disclose whether the property is covered by Good Cause Eviction provisions.
Read the complete guide▶What are landlord maintenance obligations in England?
Under the Landlord and Tenant Act 1985, landlords must maintain the structure and exterior, keep heating, water, gas, and electrical installations in proper working order, and ensure the property is fit for habitation under the Homes (Fitness for Human Habitation) Act 2018. The Renters' Rights Act 2025 adds enhanced enforcement powers including fines up to £7,000 for initial breaches and £40,000 for repeated or serious housing standard violations.
Read the complete guide▶What are the new tenant rights under the Renters' Rights Act 2025?
The Renters' Rights Act 2025 introduces major new tenant protections effective 1 May 2026: the right to request pets (landlords can only refuse with good reason), a cap of 1 month's rent in advance (preventing landlords from circumventing deposit limits), a free Private Landlord Ombudsman complaints service, a mandatory national PRS Database of landlords and properties, and enhanced penalty powers for local authorities.
Read the complete guide▶What are the late rent fee rules for landlords in England?
Under the Tenant Fees Act 2019, landlords in England can only charge interest on late rent (not a flat fee) at a rate no higher than 3% above the Bank of England base rate. This interest can only be charged after rent has been outstanding for 14 days. Any other charges or penalties for late payment are prohibited as they constitute banned tenant fees under the Act.
Read the complete guide📬 Get notified when these laws change
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