Eviction without Section 21: A Complete Guide for Landlords in 2026

The abolition of Section 21 'no-fault' evictions under the Renters' Rights Act 2025 has fundamentally changed how landlords can regain possession of their properties. With the 31 May 2026 deadline now passed, landlords must navigate a new landscape where Section 8 evictions are the only route to possession.

This guide explains everything you need to know about evicting tenants without Section 21, including the mandatory grounds, compliance requirements, and documentation you must have in place.

What Changed with Section 21 Abolition

Before the Renters' Rights Act 2025, landlords could use Section 21 notices to evict tenants without providing a reason, provided they met certain procedural requirements. This option is now completely removed.

Today, all evictions must be fault-based using Section 8 grounds, which require landlords to prove specific circumstances justify ending the tenancy. This shift means landlords must be more diligent about tenant management, property maintenance, and record-keeping from day one.

Section 8 Eviction Grounds: Your Only Options

Section 8 evictions rely on specific grounds set out in Schedule 2 of the Housing Act 1988. These fall into two categories: mandatory grounds (where courts must grant possession if proven) and discretionary grounds (where courts have flexibility).

Mandatory Grounds

The most commonly used mandatory grounds include:

• Rent arrears: At least two months' rent arrears at both the notice date and hearing date
• Persistent rent delays: Regular late payment even without significant arrears
• Breach of tenancy agreement: Serious violations of tenancy terms
• Damage to property: Tenant or their visitors causing deterioration beyond fair wear and tear
• Nuisance or illegal activities: Anti-social behaviour or criminal activity at the property
• False statements: Tenants who obtained the tenancy through fraudulent information

Discretionary Grounds

Discretionary grounds give courts more flexibility but are harder to rely upon:

• Some rent arrears: Less than two months but still significant
• Minor breaches: Less serious violations of tenancy terms
• Suitable alternative accommodation: When equivalent housing is available to the tenant

The Section 8 Eviction Process

Unlike the relatively straightforward Section 21 process, Section 8 evictions require careful preparation and documentation.

Step 1: Serve the Section 8 Notice

You must serve a Section 8 notice specifying:

• The ground(s) for possession
• Detailed reasons why the ground applies
• The earliest date proceedings can begin
• Evidence supporting your case

Notice periods vary by ground, from immediate (for serious breaches) to two months for most other grounds.

Step 2: Gather Evidence

Courts require robust evidence to grant possession. This might include:

• Rent payment records showing arrears or persistent delays
• Photographs documenting property damage
• Correspondence with tenants about breaches
• Witness statements about anti-social behaviour
• Professional reports on property condition

Step 3: Court Proceedings

If tenants don't vacate voluntarily, you must apply to court. The process involves:

• Filing claim forms with supporting evidence
• Serving court papers on tenants
• Attending hearings to present your case
• Obtaining possession orders if successful

"The key to successful Section 8 evictions is meticulous record-keeping from the start of every tenancy. Courts expect landlords to demonstrate they've followed proper procedures and given tenants opportunities to remedy breaches where appropriate."

Essential Compliance Requirements

The Renters' Rights Act 2025 introduced strict compliance gates that must be met before serving any eviction notice. These include:

Property Standards

• Valid Energy Performance Certificate (EPC)
• Current Gas Safety Certificate
• Electrical Installation Condition Report (EICR)
• Compliance with fire safety regulations
• Meeting minimum energy efficiency standards

Documentation Requirements

• Proper tenancy agreements
• Evidence of deposit protection
• Right to rent checks
• Information Sheet 2026 compliance: Tenants must receive the official GOV.UK Information Sheet explaining their rights

Failure to meet these requirements can invalidate your eviction notice, forcing you to start the entire process again.

Information Sheet 2026: A Critical Requirement

One of the most important new compliance requirements is providing tenants with Information Sheet 2026. This official document explains tenants' rights under the new legislation and must be provided at the start of tenancies and before serving eviction notices.

Simply handing over a printed copy isn't sufficient—you need documented proof that tenants have received and understood the information. Many landlords use services like Ploxit to email the official document and maintain the necessary audit trail showing when it was sent, opened, and acknowledged.

Best Practices for Section 8 Success

To maximise your chances of successful eviction proceedings:

Start Strong

• Conduct thorough tenant referencing
• Set clear expectations in tenancy agreements
• Maintain properties to high standards
• Keep detailed records from day one

Monitor Continuously

• Track rent payments carefully
• Document any breaches promptly
• Communicate with tenants in writing
• Take dated photographs of property condition

Act Quickly

• Address breaches as soon as they occur
• Don't let small issues escalate
• Seek early legal advice for complex cases
• Ensure all compliance requirements are met before proceeding

Getting Professional Help

Section 8 evictions are more complex than the old Section 21 process. Consider professional assistance when:

• Dealing with vulnerable tenants
• Facing disputed facts
• Handling complex legal arguments
• Managing multiple compliance requirements

Many landlords find that automated compliance solutions, such as those offered by Ploxit, help manage the documentation and communication requirements efficiently while maintaining the audit trails courts expect.

Planning Ahead

The post-Section 21 landscape requires landlords to think differently about tenancy management. Focus on:

• Prevention rather than cure
• Building comprehensive evidence files
• Understanding your legal obligations
• Maintaining immaculate compliance records

While Section 8 evictions require more effort than the old no-fault route, they remain an effective tool for landlords who maintain proper standards and follow correct procedures.

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This article provides general information only and should not be considered legal advice. Always consult with qualified legal professionals before taking any eviction action. Laws and procedures may change, and individual circumstances vary.