Section 21 abolished: what can your landlord actually do now?
Section 21 no-fault eviction is abolished. Your landlord can no longer ask you to leave without a reason. Here is every ground they can now use, how much notice each requires, which are hard to prove, and exactly how to challenge one.
This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact Shelter or Citizens Advice. Baselyst Ltd (trading as RentVerify) is not a law firm.
Section 21 abolished – the two words that changed renting in England permanently. Your landlord can no longer ask you to leave without a reason. But they still have legal routes to end your tenancy. This guide explains every one of them, what notice you are owed, and which you can realistically challenge.
On 1 May 2026, the Renters’ Rights Act Phase 1 came into effect and abolished Section 21. The reform is intended to “provide more security for tenants and empower them to challenge poor practice and unfair rent increases without fear of eviction.”
Before that date, your landlord could serve a Section 21 notice, two months’ notice, no reason required, nothing you could do to stop it. It was used to evict tenants who complained about repairs, challenged rent increases, or simply became inconvenient. That route is now permanently closed.
Tenants now have enhanced security of tenure, meaning they can remain in their home indefinitely unless the landlord can prove valid legal grounds to evict them.
But “indefinitely” does not mean “forever regardless of behaviour.” Your landlord still has legal routes to end your tenancy. The difference is that every one of those routes now requires evidence, a specific legal ground, the correct notice period, and if you don’t leave, a court hearing where a judge decides.
The key shift: Section 8 is now the only route
To use Section 8, the landlord must serve the tenant with a notice on the prescribed Form 3A, specifying the ground or grounds relied on, and wait for the relevant notice period to expire. If the tenant does not leave, the landlord must apply to the county court for an order for possession. A Section 8 possession always requires a court hearing.
There are 37 grounds in total, covering situations including serious rent arrears, anti-social behaviour, significant breach of tenancy, selling the property, and moving back in. They split into two categories: mandatory and discretionary. That distinction matters enormously for your ability to challenge.
Mandatory grounds: If the landlord proves the ground, the court must grant possession. The judge has no discretion.
Discretionary grounds: Even if the landlord proves the ground, the judge decides whether it is reasonable to grant possession. Your circumstances, history as a tenant, and the impact of eviction on you all count.
Under the Renters’ Rights Act, the accelerated paper-based route which previously allowed for evictions without a hearing has been abolished. This means that every contested possession claim in England now requires a formal court hearing where a judge must verify the evidence for the cited grounds.
The grounds your landlord can use and how hard each is to challenge
Mandatory grounds (court must grant possession if proved)
Selling the property (Ground 1A) Your landlord intends to sell. This is a brand new ground introduced by the Renters’ Rights Act specifically to replace some of what Section 21 was used for.
Notice period: Four months.
Restrictions: The landlord cannot evict you within the first 12 months of a new tenancy to sell the property. If possession is regained using the selling ground, the property cannot be re-let for 12 months. This restriction is designed to prevent misuse.
How to challenge it: The landlord must genuinely intend to sell. If you have evidence they are re-letting the property within 12 months rather than selling it, you have grounds to challenge. Keep an eye on property listing sites after you leave.
Landlord or family wants to move in (Ground 1) The landlord or a close family member intends to occupy the property as their principal home.
Notice period: Four months.
Restrictions: This ground requires that the tenant was notified at the start of the tenancy that possession might be sought under this ground. Cannot be used in the first 12 months of the tenancy.
How to challenge it: The landlord must prove genuine intent to occupy. If they served you with a Ground 1 notice but you later find the property was re-let to someone else, you may have a claim for compensation.
Serious rent arrears (Ground 8) Your rent is at least three months in arrears at the time the notice is served — and must still be three months in arrears at the hearing date.
Notice period: Four weeks. The tenant must be three months in arrears (up from the current two months under the old rules).
How to challenge it: For Ground 8, if arrears drop below three months by the hearing date, the ground fails. If your arrears are caused by a Universal Credit payment delay, make sure the judge is aware courts take this into account. Pay off what you can before the hearing date.
Anti-social behaviour (Ground 7A) Serious anti-social behaviour including violence, drug use, or behaviour causing serious nuisance to neighbours.
Notice period: Immediate no notice period required for the most serious cases.
How to challenge it: The landlord must provide evidence. Neighbour complaints alone are rarely sufficient. Challenge the evidence, not just the conclusion.
Criminal conviction (Ground 7A) A conviction for a serious criminal offence connected to the property or committed nearby.
Notice period: Immediate.
How to challenge it: The conviction must be genuine and documented. You can challenge the notice if the offence is unrelated to the tenancy or property.
Discretionary grounds (court decides if eviction is reasonable)
These are the grounds where you have the most leverage. Even if the landlord can prove the ground exists, the judge weighs up whether eviction is the right outcome taking into account your length of tenancy, your circumstances, whether you have children, and more.
Smaller rent arrears (Ground 10) Some rent is unpaid at both the time of serving notice and the hearing date but below the three-month threshold for Ground 8.
Notice period: Four weeks.
How to challenge it: This covers lesser arrears than Ground 8 and gives the court discretion to consider all circumstances. Pay off all arrears before the hearing if at all possible. Courts are reluctant to evict for small amounts, especially if you have a good payment history overall.
Persistent late payment (Ground 11) You have a pattern of paying rent late, even if you are not currently in arrears.
Notice period: Four weeks.
How to challenge it: The landlord must show a genuine pattern not just one or two late payments. Bank records showing you did pay, or evidence that payment delays were caused by your landlord changing bank details, strengthen your defence.
Breach of tenancy agreement (Ground 12) You have broken a term of your tenancy agreement for example, subletting without permission or causing significant damage.
Notice period: Two weeks.
How to challenge it: The landlord must prove the breach. Minor or technical breaches are unlikely to succeed at court. If you have remedied the breach, tell the judge.
Property damage (Ground 13) You have allowed the property to deteriorate significantly.
Notice period: Two weeks.
How to challenge it: Evidence such as photographs and inspection reports is essential for the landlord to rely on this ground. If the damage is fair wear and tear, not neglect, challenge the characterisation.
What the notice must look like and how to spot a defective one
To issue a valid Section 8 notice, the landlord must use Form 3A, the version specifically updated for the Renters’ Rights Act. The notice must include the specific details of the tenancy, the legal grounds for eviction, and the correct notice period. Getting these details right is crucial; if there’s an error, a judge might throw the case out.
Things to check on any Section 8 notice you receive:
- Is it on Form 3A? (Not the old Form 3, not a letter, not an email)
- Does it state the specific ground or grounds being relied on not just a vague reason?
- Is the notice period correct for the ground cited?
- Are your name and address spelled correctly and matching your tenancy agreement?
- Is the landlord’s name matching who actually owns the property?
Even a misspelt name can be enough for a judge to dismiss the case. A defective notice has no legal effect. Your landlord must start again.
What happens if you don’t leave after the notice expires
The notice itself does not force you to leave. Your landlord must apply to the court for a possession order if you stay in your home after the date on your notice. The court papers will tell you where and when the court hearing will be. The papers will also include a form to challenge the eviction, this is called the “defence form.”
You might have to pay your landlord’s court costs if your landlord starts a possession claim. This is not automatic, the judge decides but it is worth being aware of.
The retaliation protection that now actually works
Before Section 21 was abolished, tenants who complained about repairs or challenged a rent increase could be served a Section 21 notice in response. That was legal. It was widely used.
By removing Section 21, tenants will be able to hold landlords to account without the threat of retaliatory eviction.
If you report a repair problem to your landlord or local council, or challenge a rent increase, and your landlord then serves a Section 8 notice, you can raise that sequence of events in court. A judge will consider whether the notice is genuine or retaliatory.
Quick reference table
| Ground | Type | Notice period | Challengeable? |
|---|---|---|---|
| Selling the property | Mandatory | 4 months | Yes, must genuinely sell, no re-letting for 12 months |
| Landlord/family moving in | Mandatory | 4 months | Yes, must be genuine occupation |
| 3+ months rent arrears | Mandatory | 4 weeks | Yes, pay down below threshold before hearing |
| Serious anti-social behaviour | Mandatory | Immediate | Yes, evidence must be solid |
| Smaller rent arrears | Discretionary | 4 weeks | Strong, court weighs all circumstances |
| Persistent late payment | Discretionary | 4 weeks | Strong, pattern must be clear |
| Breach of tenancy | Discretionary | 2 weeks | Strong, breach must be significant |
| Property damage | Discretionary | 2 weeks | Yes, fair wear and tear is not damage |
If you receive a Section 8 notice today
- Step 1: Check the form is Form 3A and that all details are correct. A defective notice can be challenged.
- Step 2: Identify the ground cited. Is it mandatory or discretionary? That determines your options.
- Step 3: Do not simply leave. A Section 8 notice is not a possession order. You have the right to a court hearing.
- Step 4: Contact Shelter England (0808 800 4444) or Citizens Advice immediately for free legal support. Many possession claims fail due to procedural errors but only if you show up to court.
- Step 5: If the ground involves rent arrears, pay as much as you can before the hearing date, particularly if you are close to the three-month threshold for Ground 8.
How RentVerify fits in
A Section 8 notice claiming rent arrears sometimes follows a disputed rent increase. If your landlord served a Form 4A rent increase notice that was invalid, wrong form, wrong notice period, wrong effective date, you may not legally owe the higher rent at all, which changes the arrears calculation entirely.
RentVerify validates Form 4A notices and checks proposed rent against local market data, free, in under two minutes.
Check your rent increase notice — free →
This article is for general information only. RentVerify is an information tool and is not regulated by the Solicitors Regulation Authority. Nothing in this article constitutes legal advice. For advice specific to your circumstances, contact Shelter England on 0808 800 4444 or consult a qualified solicitor. Information correct as of 25 May 2026.