Compliance
Can I still evict a tenant without Section 21?
Last updated 4 July 2026 · Reviewed by Nick Thorpe, founder
The short answer
Yes. Section 21 no-fault evictions are abolished, but you can still take possession using the revised Section 8 grounds: selling the property, moving in yourself or close family, serious rent arrears and antisocial behaviour. Each ground has its own notice period and conditions, and evidence now decides cases, so a clean compliance file matters more than ever.
Section 21 went on 1 May 2026, when the Renters’ Rights Act came into force. Plenty of landlords read that as “you can never get your property back”. Not true. Possession still exists; it just needs a reason, notice and a paper trail. Here is how it works now, in plain English.
What replaced Section 21?
A revised set of Section 8 grounds. Every tenancy is now a periodic assured tenancy (fixed terms have gone, and existing fixed-term ASTs converted automatically), so ending one means serving notice under a specific ground and being able to prove it. Tenants, for their part, can leave with two months’ notice at any point.
The change is not that possession has disappeared. It is that the no-reason route has. If you genuinely need the property back, there is a ground for it. If you simply want the tenant gone, there is not.
Which grounds matter most for ordinary landlords?
Four grounds cover most real situations.
| Ground | Notice | Key conditions |
|---|---|---|
| Selling the property | Four months | Cannot be used in the first twelve months of a tenancy; no re-letting for twelve months after serving it |
| Moving in yourself or close family | Four months | Same twelve-month protection at the start of the tenancy |
| Rent arrears (mandatory ground) | Four weeks | Arrears must have reached three months |
| Antisocial behaviour | Immediate | Notice can be served straight away |
Those are the headline positions from the Act. Guidance is still moving on some provisions and rules can change, so we confirm the current requirements on gov.uk before serving anything on a managed property.
Can I evict a tenant to sell the property?
Yes. Selling now has its own dedicated ground with four months’ notice. Two conditions attach to it: you cannot use it in the first twelve months of a tenancy, and once you serve it you cannot re-let the property for twelve months. The old routine of “selling” a house to remove a tenant and then quietly re-letting it is finished, and the penalty for trying is real.
The same four months’ notice and twelve-month protection apply if the ground is you or close family moving in.
What happens with rent arrears?
The mandatory arrears ground now needs three months of arrears, up from two, with four weeks’ notice. Arrears cases therefore take longer to mature, which makes early action the difference between a contained problem and a five-figure one. Whoever manages your property should be acting in week one of a missed payment, not month three. That is exactly how we run property management at Livdin.
What actually wins a possession case now?
Evidence. Rent statements, inspection reports, correspondence records, a protected deposit, in-date gas and electrical certificates. Judges see the file, not the intention. A landlord with a genuine ground and a clean, complete file gets possession. A landlord with the same ground and a gappy file gets delays, or worse.
If your current agent cannot produce that file on demand, that is no longer a cosmetic weakness. Switching to Livdin takes about a month and costs nothing.
What should I do now?
Three actions, in order.
- Pull the compliance file for every property (gas safety, electrical, EPC, deposit protection, How to Rent documents) and fix any gap. Every possession route now runs through that file.
- Get your arrears process in writing, whether you self-manage or pay an agent. A vague answer is the warning sign.
- Keep records as you go: statements, inspections, correspondence. Build the file before you need it, not after.
This is a working summary, not legal advice, and commencement dates on some provisions are still settling; always check the current position before acting. For the wider picture (rent increases, pets, the changes still to come) read our full landlord guide to the Act, or call 01484 981717 and we will talk through your specific situation.