Section 21 no-fault evictions have been abolished. But some landlords are already using Section 8 loopholes to pressure tenants out. Here's what you need to know — and the mistakes that could destroy your case.
Updated June 2026
Section 21 of the Housing Act 1988 allowed landlords to evict tenants without giving any reason — a so-called "no-fault eviction." With two months' notice, a landlord could end a tenancy even if the tenant had paid every month, caused no damage, and done nothing wrong.
Under the Renters' Rights Act 2025, Section 21 has been abolished for all tenancies. Landlords must now rely on specific legal grounds under Section 8 to recover possession of a property.
Section 8 notices require the landlord to specify a legal ground for possession from a defined list in Schedule 2 of the Housing Act 1988. They cannot simply decide they want the property back — they must have and prove a valid reason.
Most grounds require the landlord to prove their case in court. The key grounds being used — and misused — in 2026 are:
The landlord or a close family member intends to occupy the property as their main home. This sounds straightforward but comes with significant restrictions. The landlord cannot re-let the property for at least 12 months after regaining possession. If they do, the tenant may have grounds to challenge the eviction and claim compensation.
The landlord genuinely intends to sell. Again, a 12-month no-re-letting restriction applies. If the property appears back on the rental market shortly after, the original eviction may have been unlawful.
Ground 8 is a mandatory ground — if a tenant is at least two months in arrears both at the time the notice is served and at the time of the court hearing, the judge must grant possession. Grounds 10 and 11 are discretionary and cover smaller or historical arrears.
Even if your landlord is in breach — failing to make repairs, harassing you, ignoring complaints — withholding rent is almost always the wrong move. It hands the landlord a mandatory Ground 8 case and undermines any defence you might have. Report the disrepair to Environmental Health, get everything in writing, and seek advice before stopping payments.
The abolition of Section 21 has not ended landlord pressure on tenants — it has just changed the method. Watch out for these tactics:
Landlord serves a Ground 1A notice claiming they're selling, regains possession, and then re-lets the property — sometimes within weeks. This is unlawful. If you suspect this has happened to you, document everything: check whether the property appears for sale on Rightmove or Zoopla, and whether it's re-listed for rent afterwards. You may have a compensation claim.
The landlord claims a family member will occupy the property under Ground 1. The family member never actually moves in and the property is re-let. Same principle applies — a 12-month re-letting restriction exists and breach of it is unlawful.
Section 8 notices must be completed correctly — the right form, the right ground specified, the right notice period. A notice that contains errors can be challenged and may be invalid. Do not assume a notice is correct just because it looks official.
Use our free letter generator to draft a formal response — legally referenced and ready to send.
Generate a Free LetterSince 31 May 2026, landlords have been legally required to provide all tenants with a copy of the Renters' Rights Act Information Sheet. Most landlords haven't done this. If yours hasn't, it's worth raising in writing — and it may be relevant if a dispute escalates.
This is the most important thing to understand. A Section 8 notice is not an order to leave. It is the start of a legal process. Even after a valid Section 8 notice is served, your landlord must apply to court for a possession order, and in most cases attend a hearing where you can present your position. You do not have to leave just because a notice arrives.
Only if they filed a possession claim at court by 31 July 2026. If they didn't, the notice has expired and is no longer valid. They would need to start the process again using Section 8.
No. Even with a valid Section 8 notice, your landlord must obtain a possession order from the court before any eviction can take place. Changing the locks, removing your belongings, or cutting off utilities without a court order is a criminal offence under the Protection from Eviction Act 1977.
Not until a court orders it. If you receive a Ground 1A notice, check the notice is valid, seek advice, and monitor whether the property actually goes on the market for sale. You don't have to simply take their word for it.
Do not withhold rent as a tactic. Instead, report the disrepair to your local council's Environmental Health team, document everything in writing to the landlord, and seek advice from Citizens Advice before the arrears reach two months. Once you hit two months in arrears, Ground 8 becomes mandatory and the court has no discretion.