The rules for evicting tenants changed in May 2026, following the introduction of the Renters’ Rights Act (RRA). The Section 21 procedure has been abolished and it is no longer possible for landlords to simply give a tenant two months’ notice during a periodic tenancy.
You can only evict a tenant if you have a valid legal ground for possession under Section 8, and follow the correct process.
Guide to Grounds for Possession
When can I evict a tenant via a section 8 notice?
The Section 8 grounds were updated under the RRA to help ensure that landlords can evict a tenant and regain possession of their property if there is a good reason – e.g. if the tenant has broken the terms of their tenancy agreement or the property is to be sold.
However, there are specific conditions that need to be met for each ground and several of the notice periods have been increased under the new rules. Most notable is the rent arrears ground, which now requires the tenant to be three months in arrears before a Section 8 can be issued, up from two months, and the notice period has been doubled, from two to four weeks.
It is also important to be aware that if you have any plans to sell or move into the property yourself, you cannot evict the tenant within the first 12 months of the tenancy, and you must give four months’ notice.
You need to use the government’s Form 3A and state the ground(s) on which you are evicting the tenant, which may be mandatory, meaning that if the ground is proved, the Judge has no option but to grant a possession order; or discretionary, in which case the Judge can exercise discretion over whether or not to grant the landlord a possession order, even if the facts of the ground are established.
Evicting a tenant is not necessarily easy, and if they refuse to leave the property by the date stated in the notice, that’s when it can start to get tricky for landlords. There is a specific legal process that you have to follow in order to get a possession order from a court and if you get any part of it wrong, or you have failed to adhere to certain legal responsibilities, you may have to start the process again from scratch and may even be unable to evict the tenant altogether.
In addition, if your tenants successfully defend your possession claim in court, you could be ordered to pay their legal costs.
It’s also worth noting that the online accelerated possession claim facility, which could previously be used for a Section 21 eviction, no longer exists. Every possession claim now has to be heard in court, meaning the process could take significantly longer than before.
Should I DIY or use a specialist?
Because of the very specific legal process that has to be followed, we would recommend that you use a reputable eviction specialist. There are many companies that offer this service, but it’s important to make sure that any firm you instruct is authorised and regulated by the Solicitors Regulation Authority, and ideally find one that offers a fixed-fee service.
Of course, you will have to pay an eviction specialist, but if you have taken out our rent protection insurance, that gives you up to £50,000 of cover for the legal cost of regaining possession of your property.
If you have any more questions or think you may need to evict a tenant, we’re always here to help - just get in touch with your local Reeds Rains branch and have a chat with one of the team, or access our fully managed landlord services.
The Reeds Rains Content Marketing Team
