Section 21 "no fault" evictions came to an end on 1 May 2026. Every landlord who wants a property back now has to use the Section 8 procedure and prove a legal ground for possession.
In the latest episode of Legally Sound, the Ansons Law podcast, Managing Director Martin De Ridder and solicitor Alex Medford from our Property Litigation Team explain what the changes mean in practice for landlords and tenants, and why we expect delays in the courts.
Under the old system, a landlord could serve a Section 21 notice without giving a reason. If the paperwork was in order (gas safety certificate, EPC, How to Rent guide and a protected deposit), possession could usually be obtained on the papers through the accelerated procedure, without a hearing.
Even so, it was not quick. A landlord who served notice on 1 January would typically not recover the property until around September, and that was when everything went smoothly.
The last date to serve a Section 21 notice was 30 April 2026, and possession claims based on those notices had to be issued by 31 July 2026. Many landlords rushed claims in before the deadline, and those cases are still working through the courts.
Section 8 is now the only route. The landlord must serve notice relying on one or more grounds for possession and, if the tenant does not leave, issue a claim. Unlike the accelerated procedure, a Section 8 claim always goes to a hearing.
The grounds are either mandatory, where the court must make a possession order if the ground is proved, or discretionary, where the judge decides whether it is reasonable to do so. In practice, we usually rely on more than one ground to give the claim the best prospect of success.
The mandatory ground for rent arrears now requires at least three months' rent to be outstanding, up from two months. The arrears must be at that level both when notice is served and at the hearing.
There are also discretionary grounds for persistent late payment of rent, damage to the property and nuisance. These can be used alongside the arrears ground.
Yes. There are new grounds for possession where the landlord wants to sell the property, or where the landlord or a close family member wants to live in it. These grounds cannot be used in the first 12 months of a tenancy and require four months' notice.
The landlord will need to show a genuine intention. For a sale, we recommend obtaining an agent's valuation or marketing advice before serving notice, so there is evidence to put before the court.
All assured tenancies are now periodic, rolling from month to month, and fixed terms no longer apply. Existing tenancies converted automatically on 1 May 2026.
Yes, but only by serving the prescribed notice, giving two months' notice of the new rent. A tenant who disagrees can refer the increase to the tribunal.
The tribunal can now only confirm the rent proposed or reduce it. It can no longer set a higher figure. A tenant therefore has little to lose by challenging an increase, so landlords should support any proposed rent with evidence of comparable properties.
In our experience, the landlords most at risk are those who have not increased the rent for several years. A tenant paying well below the market rate has every reason to resist when the landlord wants the property back.
Before the changes, a Section 8 hearing typically took three to six months to be listed. First hearings are short, and they are often adjourned if the tenant attends and raises any issue. Once a possession order is made, enforcement by the county court bailiffs can add several more months, although it is sometimes possible to transfer enforcement to the High Court.
Our view is that the number of claims will rise sharply now that every possession claim, and many rent disputes, must go before a judge. Without changes to how these cases are managed, we expect significant delays, of the kind already seen in the employment tribunal, where a claim can take up to two years to reach a hearing.
"Justice delayed is justice denied. Delay helps nobody, including tenants, who live with the uncertainty of not knowing when they might lose their home." Martin De Ridder, Managing Director
Every possession claim now goes to a hearing, so the way a tenancy is managed from the start will decide how quickly a property can be recovered. We recommend landlords:
Do not ignore them. Many tenants are advised by their local council to stay in the property until an eviction date is set, but that does not mean the court papers can be put to one side.
The full discussion is available on the Ansons Law YouTube channel: https://youtu.be/ocsKsNc95ds.
Our Property Litigation Team acts for landlords at every stage of the possession process, from serving the correct notice to enforcing a possession order. We also advise on rent increases and tribunal challenges.
If you are a landlord and need advice on recovering possession of your property, please fill out the contact form on this page, email info@ansons.law or call 01543 267988 and a member of our Property Litigation Team will get back to you.
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This article is for general information only and does not constitute legal advice. Specific legal issues always require the advice of a qualified legal professional.