Tenant Eviction After the end of No-fault Eviction and Section 21 Notices

From 1 May 2026, landlords will not be able to serve tenants with Section 21 notices or start no-fault eviction proceedings for tenancy agreements entered into after that date.

Tenancy agreements signed before 1 May 2026 will transition to the provisions of the Renters' Rights Act 2025.

In this article, our Landlord and Tenant Solicitors explain how landlords can gain possession after 1 May 2026.

Contact OTS Solicitors For Landlord and Tenant Legal Advice.

An end to Section 21 notices and no-fault eviction

The media is reporting that Section 21 notices and no-fault evictions will end on 1 May 2026. That is not strictly accurate because:

1. Transitional provisions will apply for tenancy agreements signed before 1 May 2026, and
2. Landlords will still be able to gain possession even if their tenant is not at fault.

What is changing is that a landlord must have a positive reason for possession of a rental property if they need to evict a tenant who is not in rent arrears or in breach of their tenancy agreement. After 1 May 2026, a landlord will either need to seek possession based on their requirements or their tenant’s actions.

The Renters' Rights Act contains similarities to the old grounds for possession; some grounds are mandatory, and others are discretionary, even if the landlord has proved the ground.

Legal advice on the Renters' Rights Act and the grounds for possession

Landlords and tenants are uncertain about the new grounds for possession, the notice process and the transitional arrangements. There is concern that the increasing number of tenants fighting eviction and the end of the Section 21 notice will also increase court backlogs, despite the government's commitment to reducing court-induced delays.

Whether you are an experienced landlord with a buy-to-let property portfolio or own one family home rented out to tenants, our Landlord and Tenant Solicitors recommend that you take expert possession  legal advice before serving a tenant with notice or starting possession proceedings because:

1. If you are serving a Section 21 notice before 1 May 2026, it is essential to check that your tenant received all the paperwork they were entitled to at the outset of the tenancy agreement, and that service of the Section 21 notice is valid.
2. The transitional arrangements may affect the notice and court process.
3. Some notice periods have changed under the Renters' Rights Act. If you don’t give sufficient notice, you cannot start a valid possession claim.
4. With the new possession grounds under the Renters' Rights Act, you will need legal advice on the best ground/s for possession and the notice and court process. Getting it wrong will delay possession and may even result in the court not making the possession order you are seeking.
5. With the focus on tenant rights and landlord obligations to repair, you do not want to be accused of trying to carry out a revenge eviction.

No-fault eviction after 1 May 2026

Although no-fault evictions and Section 21 notices will end for new tenancy agreements signed after 1 May 2026, landlords will still be able to obtain possession even if their tenant is not in breach of the tenancy agreement.

The mandatory no-fault possession grounds are grounds one to six:

• Ground 1 - occupation required by the landlord or close family.
• Ground 1A – the landlord intends to sell the house.
• Ground 2 – the sale of the property is required by the landlord’s mortgagee.
• Ground 4A – the house is in multiple occupation and rented to full-time students and is required for occupation by new students. The definition of an HMO for this ground is that at least three tenants share the property. The tenants must be in separate households and share facilities, such as the kitchen, toilet or bathroom.
• Ground 6 – a landlord is redeveloping or demolishing the property, and the tenant cannot live in the property while the work is being carried out.
• Ground 6B – a landlord needs to comply with enforcement action. The court can make a tenant compensation order if the court grants a landlord a possession order on ground 6B.

For ground 1 and ground 1A, the tenancy agreement must have been in place for over 12 months prior to the process commencing.

With ground 4A and ground 6, the tenancy agreement must have been in place for at least six months before the possession process can commence. With student let accommodation and ground 4A, a landlord must give advance notice of their intention to rely on this ground for possession.

Other mandatory grounds for possession under the Renters' Rights Act

The two other mandatory possession grounds in the 2025 Act are grounds 7 and 8. These grounds require some fault on the part of the tenant:

• Ground 7A – there has been severe antisocial or criminal behaviour if a tenant or a person living with them or visiting them is convicted of criminal behaviour or breaches an order to prevent antisocial behaviour, or if the council or police have applied for a closure order.
• Ground 7B – the tenant does not have the legal right to rent under immigration law.
• Ground 8 – the tenant is in rent arrears, provided the mandatory rent arrears criteria are met.

Ground 8 mandatory possession for rent arrears under the Renters' Rights Act

The court will make a mandatory possession order for rent arrears if either:

1. A tenant owes at least three months’ rent if the rent is paid monthly, or
2. A tenant owes at least 13 weeks’ rent if the rent is paid weekly or fortnightly.

Ground 8 mandatory possession for rent arrears only works if:

1. The landlord has given the tenant four weeks’ notice, and
2. The tenant owes the outstanding rent on the day the landlord gives notice, and
3. The rent is still outstanding at the possession hearing.

If the tenant can reduce the rent arrears to less than three months or 13 weeks, the grounds are no longer applicable. If possession is sought on this ground, Landlord and Tenant Solicitors recommend pursuing possession on an alternative ground, such as ground 10, so the landlord can still pursue the claim if the tenant makes a strategic rent payment before the possession hearing.

Grounds 10 and 11 discretionary possession orders for rent arrears

There are two discretionary possession orders for rent arrears in the Renters' Rights Act:

1. Ground 10 - any rent arrears.
2. Ground 11 - persistent rent arrears if the tenant has repeatedly delayed paying rent.

If the discretionary possession grounds are pleaded by a landlord and their tenant owes less than three months' rent, the court will grant a possession order only if it considers it reasonable to do so.

Discretionary grounds 9-17 to obtain a possession order

The 2025 Act includes additional discretionary grounds for possession. The ones that landlords are most likely to require landlord legal advice on are:

• Ground 9 – the tenant has been offered suitable alternative accommodation.
• Ground 12 - the tenant has breached the tenancy agreement.
• Ground 13 - deterioration of property by the tenant.
• Ground 14 - antisocial behaviour or the commission of a serious offence near the rental property by the tenant or a person that lives with the tenant or visits them.
• Ground 14A - domestic abuse by the tenant and the tenant’s partner or a person living with them has left the rental property and is unlikely to return.
• Ground 15 - deterioration of furniture by the tenant.
• Ground 17 - the tenant or a person acting for them gave a false statement or information to obtain the tenancy.

With these discretionary possession grounds, the court will apply a reasonableness test when deciding whether to make an eviction order. A Landlord and Tenant Solicitor can advise on the likelihood that a landlord will meet the evidential threshold for the court to find that the ground is met and that the court will then hold that it is reasonable to make a possession order.

Landlord legal advice on possession proceedings

OTS Solicitors provides specialist landlord and tenant legal advice and advises on:

1. Issuing a Section 21 notice or Section 8 notice before 1 May 2026.
2. Transitional provisions.
3. How to serve a valid notice.
4. Notice time limits.
5. The best grounds to apply for possession under the Renters' Rights Act.
6. How to secure a possession order and eviction.
7. How to avoid claims of landlord disrepair, revenge eviction and landlord harassment.

Contact our specialist UK Landlord Lawyers.

Appointments are available at our offices in central London, by phone, or via online consultation.

 

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