Knowing how to evict a tenant used to be simple: serve a Section 21 notice, wait out the period, and apply for possession if they did not leave. That route is gone. Under the Renters' Rights Act, the government has abolished Section 21 'no-fault' evictions and moved every assured tenancy onto a single, periodic system. For property managers, this is the biggest shift in a generation, and getting it wrong now means wasted months and thrown-out claims. This guide walks through how to evict a tenant legally in 2026, the grounds you can actually rely on, and the paperwork that keeps a possession claim alive.
What changed when Section 21 was abolished
Section 21 let landlords recover a property without giving a reason, provided the paperwork was in order and the fixed term had ended. Its removal means there is no longer a 'no-fault' door. Every eviction now has to be justified against a specific legal ground, evidenced, and defended if the tenant challenges it.
A few structural changes matter for day-to-day management:
- Assured shorthold tenancies (ASTs) are gone. All existing and new tenancies are now assured periodic tenancies. There are no fixed terms locking a tenant in and no fixed-term expiry to hang a notice on.
- Possession runs entirely through Section 8. To evict a tenant you must cite one or more statutory grounds and prove them.
- Rolling tenancies are the default. Tenants can leave with two months' notice; landlords can only end the tenancy using a valid ground.
If you manage a portfolio, treat this as a compliance reset rather than a tweak. The old template notices in your system are now dead documents.
The grounds you can use to evict a tenant
Since Section 8 is now the only route, understanding the grounds is the whole game. They split into two families.
Mandatory grounds
If you prove a mandatory ground, the court must grant possession. These include serious rent arrears, and the new and expanded landlord-circumstance grounds such as the landlord or a close family member needing to move in, and the intention to sell the property. The move-in and sale grounds come with protections: you generally cannot use them in the early months of a tenancy, and you cannot re-let the property for a set period afterwards. Misusing them to sidestep the loss of Section 21 is exactly what the reforms are designed to catch, so document your genuine intention.
Discretionary grounds
Here the judge decides whether eviction is reasonable even if the ground is made out. These cover things like persistent late payment, breach of tenancy terms, and anti-social behaviour. Because they are discretionary, evidence quality decides the outcome. A tidy log of incidents, dated correspondence, and payment records is often worth more than the ground itself.
A practical point that trips managers up: rent-arrears thresholds and notice periods were adjusted under the reforms. Always check the current figures against official guidance before serving, because serving on the wrong arrears level hands the tenant an easy defence.
The step-by-step process to evict a tenant in 2026
The mechanics are stricter than the old Section 21 flow, but they are predictable if you follow them in order.
- Confirm your compliance is watertight. Deposit protected and prescribed information served, gas safety record current, EICR in date, EPC provided, and the How to Rent guide issued. Gaps here have always sunk possession claims and they still do.
- Identify the correct ground(s). Match the tenant's situation to a Section 8 ground and gather the evidence for it before you draft anything.
- Serve a valid Section 8 notice. Use the current prescribed form, state every ground you rely on, and apply the correct notice period, which varies by ground.
- Wait out the notice period. If the tenant leaves, you are done. If not, proceed.
- Apply to the court for a possession order. Discretionary grounds usually need a hearing; strong mandatory grounds may qualify for a faster route.
- Enforce with bailiffs if needed. Only county court or High Court enforcement agents can lawfully remove a tenant. Changing the locks yourself is an illegal eviction and a criminal offence.
Never try to shortcut steps four to six. The reforms have funnelled more cases through the courts, and judges are unforgiving of procedural corner-cutting.
Compliance is now your eviction insurance
With Section 21 abolished, the paperwork that used to be a box-ticking chore is now the difference between winning and losing possession. Every notice you serve can be scrutinised, and every gap in your records is a defence handed to the tenant.
This is where an audit trail earns its keep. When you can show exactly when the gas safety certificate was issued, when the last EICR was completed, and when repairs were reported and resolved, you walk into a hearing with the evidence already assembled. Platforms like PlanaJob help here in a specific way: because maintenance jobs, contractor visits, and completion records are logged as they happen, you build a compliance audit trail in PlanaJob without keeping a separate spreadsheet. When a tenant claims a property was left in disrepair, or a judge asks whether safety obligations were met, that timestamped history is exactly what supports your case. It also lets property managers compare quotes from vetted contractors, so the certificates and repairs behind your compliance record come from people who are actually qualified.
For a broader view of the operational side, our resources for UK property managers and the PlanaJob blog cover how to keep safety records current across a portfolio.
Common mistakes that get a possession claim thrown out
Even experienced managers lose cases on avoidable errors. The recurring ones:
- Serving a defective notice. Wrong form, wrong ground, or the wrong notice period. One error and you start again.
- Compliance gaps. An expired gas certificate or an unprotected deposit can neutralise an otherwise solid claim.
- Weak evidence on discretionary grounds. Vague complaints about noise will not persuade a judge; dated logs and witness statements will.
- Retaliation risk. Trying to evict a tenant shortly after they raised a legitimate repair complaint invites a retaliatory-eviction argument, especially now that the no-fault route is closed.
- Illegal self-help. Removing belongings, cutting utilities, or changing locks is a crime, not a shortcut.
If you are a contractor reading this because you support landlord clients with safety work, keeping your certificates clean directly protects their ability to recover possession. Communities like Contractor Club are useful for staying current on the standards that underpin those records.
Planning ahead as a landlord or property manager
The strategic takeaway is that eviction is now slower and more evidence-driven, so prevention pays. Robust referencing, clear tenancy terms, prompt handling of arrears, and disciplined record-keeping reduce how often you ever need to reach for a Section 8 notice. Some landlords are reassessing whether portfolios still suit them under the new regime; thinking through business strategy on sites such as Construction Arbitrage can help frame those decisions before you act.
If you manage properties professionally and want your compliance and maintenance history in one defensible place, you can sign up to PlanaJob and start logging jobs against each property from day one.
FAQ
Can I still use Section 21 to evict a tenant in 2026?
No. Section 21 'no-fault' evictions have been abolished under the Renters' Rights Act. Every possession claim now runs through Section 8, which requires you to cite and prove a specific statutory ground.
How long does it take to evict a tenant now?
It depends on the ground and whether the tenant contests the claim. You serve the correct notice period, then apply to court if they do not leave. Discretionary grounds usually require a hearing, so timelines vary; strong compliance and evidence are the biggest levers on speed.
What happens if my safety certificates are out of date?
Out-of-date gas or electrical certificates can undermine a possession claim and expose you to separate penalties. Bring all safety records current before serving any notice, and keep a timestamped log so you can prove compliance if the case reaches court.