How Can Landlords Evict Tenants Legally After Section 21?

One of the most anxiously awaited reforms introduced by the Renters’ Rights Act was the abolition of Section 21 no-fault evictions.

Now that Section 21 no longer exists, landlords only have one way to legally evict a tenant – using a Section 8 notice and proving valid grounds to do so.

Understandably, many landlords have concerns about whether it will now be more difficult to remove problem tenants and regain possession of their property when needed.

At Hibberts Solicitors, our specialist landlord solicitors in Cheshire and Shropshire have been helping landlords to manage tenancy disputes, possession claims, and eviction proceedings since 1799. In this article, we’ll explain how the rules surrounding evictions have changed and how to evict tenants after Section 21.

How has the Renters’ Rights Act changed evictions?

The Renters’ Rights Act reforms are designed to give tenants more security and create a fairer private rented sector (PRS).

The reforms are being rolled out in phases, with the bulk of the changes having come into effect on 1 May 2026.

Two of the most significant changes affected how and when landlords can legally evict tenants: the abolition of Section 21 and the strengthening of Section 8 grounds for possession.

Section 21 abolished

Before the reforms, landlords could regain possession of their property using one of two routes. They could either issue a Section 8 notice, which required a valid legal ground for eviction, or a Section 21 notice, which allowed them to evict tenants at any given time, without giving a reason for doing so.

The Renters’ Rights Act has now abolished Section 21 notices. This means landlords may now only regain possession by using a Section 8 notice and providing a valid legal ground for eviction.

Strengthening of Section 8 grounds

To balance the removal of Section 21, the Renters’ Rights Act also strengthened the Section 8 grounds for possession. New grounds were added to help landlords regain possession of their property in a variety of circumstances, including:

• The tenant stops paying rent.
• The tenant is displaying anti-social behaviour.
• The tenant has damaged the property.
• The tenant has repeatedly breached their contract.
• The landlord wants to sell the property.
• The landlord or a member of their family wants to move into the property.

Removing Section 21 and strengthening Section 8 grounds for possession helps to level the playing fields. Landlords can still regain possession of their property when needed, but the process is more structured, and they must be able to prove that they have a valid reason for doing so.

How much notice do I need to give when serving a Section 8 notice?

When regaining possession of your property using a Section 8 notice, you must follow the correct legal process and give the tenant the correct notice period. Failing to follow the correct process could land you with a fine of up to £40,000 or even criminal prosecution – so it’s important to speak to a solicitor if you’re unsure how to proceed.

The amount of notice you are required to give when serving a Section 8 notice ranges from two weeks to four months. The exact notice period required depends on which ground for possession you are using. Notice periods are generally shorter if the tenant has breached their contract in some way and longer if they aren’t at fault.

What grounds can landlords use for possession claims?

The grounds for making a possession claim using a Section 8 notice have been expanded to make sure that landlords can still gain possession of their property when needed.

The grounds for possession are divided into mandatory and discretionary grounds. If the landlord can prove a mandatory ground (grounds 1 to 8), the court must grant a possession order. However, if a landlord is using a discretionary ground, it is up to the court to decide, based on the circumstances and evidence provided, whether or not to grant a possession order.

Some of the most commonly used grounds for possession are:

• Ground 1: The landlord or a family member wants to move into the property.
• Ground 1a: The landlord wants to sell the property.
• Ground 4a: The landlord needs to regain possession of student accommodation before the start of the new academic year.
• Ground 7a: The tenant has engaged in serious anti-social or criminal behaviour.
• Ground 8: The tenant is in at least 3 months’ worth of rent arrears.
• Grounds 10 and 11: The tenant is in rent arrears or persistently pays late.
• Ground 12: The tenant has broken one or more grounds of the tenancy.
• Ground 13: The tenant has allowed the condition of the property to deteriorate.
• Ground 14: The tenant or someone living with or visiting them has engaged in anti-social behaviour.

Important note: Landlords who have not properly protected the tenant’s deposit in a government-approved Deposit Protection Scheme will not be granted possession under any Section 8 grounds other than grounds 7a and 14.

What is the process for evicting a tenant under the new rules?

Although Section 21 notices no longer exist, the Section 8 eviction process remains roughly the same.

• Step 1: Seek advice from a solicitor.
• Step 2: Identify the correct legal ground for your possession claim.
• Step 3: Gather evidence to support your claim.
• Step 4: Serve a Section 8 notice, giving the correct notice period.
• Step 5: Apply to the court for a possession order (unless the tenant leaves voluntarily).

What evidence will I need to evict a tenant?

The more evidence you have gathered to support your possession claim, the more likely it is to be successful. Comprehensive evidence is particularly important if you are making a claim using discretionary grounds.

The most suitable evidence for your case depends on what ground for possession you are using. However, useful evidence may include any of the following:

• Signed tenancy agreements.
• Rent payment records.
• Written communication with tenants.
• Inspection reports and photographs.
• Records of complaints from neighbours.
• Records of property repairs and maintenance carried out.

Keeping comprehensive and up-to-date records can also help to protect landlords if a tenant makes allegations against them. In these circumstances, thorough documentation can help to prove that the landlord has acted reasonably, followed the correct procedures, and responded appropriately to any issues raised during the tenancy.

What do the eviction reforms mean for landlords?

The removal of Section 21 provides more security for tenants, but it does not prevent landlords from regaining possession if they have a legitimate reason to do so.

The new landlord eviction rules put more emphasis on fairness, compliance, and following the correct legal procedures. Landlords will no longer be able to evict a tenant without valid legal grounds to do so, and may need to provide stronger supporting evidence to support their possession claim.

As a result, possession claims may sometimes take a little longer under the new rules, as landlords must follow the correct notice periods and spend time gathering and submitting evidence to the court.

These changes will make it increasingly important for landlords to stay organised and proactive when managing their properties. Maintaining clear, up-to-date records, carrying out regular property inspections, and making sure you understand your legal responsibilities can all help to strengthen your position and speed up the process if you do need to make a possession claim.

What penalties do landlords face for unlawful evictions?

Finding yourself with a problem tenant who is causing damage to a property or engaging in anti-social behaviour is every landlord’s worst nightmare. Although it can be upsetting and frustrating to be forced to stand by and watch a tenant continue with the behaviour while you wait for a possession order to be granted, you must always remain professional.

Landlords who fail to comply with the correct legal procedure for evicting a tenant or who attempt to take the law into their own hands could face serious consequences.

Harassing or intimidating tenants, cutting off utilities, changing locks, failing to follow the correct legal process, or not giving enough notice can all result in legal action. You could find yourself facing financial penalties, compensation claims, or even criminal prosecution for unlawful eviction.

Do I need a solicitor to evict a tenant?

It is possible to serve a Section 8 notice without the help of a solicitor, but given the potential consequences of getting it wrong, many landlords prefer to get legal advice before proceeding.

At Hibberts Solicitors, we have a team of solicitors who specialise in residential lettings, acting for both landlords and tenants throughout Cheshire and Shropshire, including Northwich, Tarporley, Crewe, and Whitchurch.

During a possession claim, our solicitors help landlords to:

• Identify the correct grounds for possession.
• Prepare and serve the Section 8 notice.
• Build a strong case of supporting evidence.
• Handle court proceedings.
• Resolve disputes as efficiently as possible.

Whether you are dealing with rent arrears, anti-social behaviour, or a breach of tenancy, our team can provide practical, straightforward legal advice to help you regain possession of your rental property as quickly as possible.

Call our Landlord and Tenant team on 01270 624 225 or email enquiries@hibberts.com.