What is a no-fault eviction (and what has replaced it in 2026)?

Since 1st May 2026, “no-fault” evictions have ended, and private landlords can no longer use Section 21 of the Housing Act 1988 to regain possession of a rental property without giving a reason.

Instead, landlords must use the Section 8 process. This means providing a valid legal ground for possession, such as rent arrears, antisocial behaviour, selling the property, or moving into the property themselves.

This content was factually correct when written but may not reflect current developments or information.

The change is part of the Renters’ Rights Act, designed to give tenants greater security, but it also alters how landlords must manage possession claims.

This guide explains what a no-fault eviction is, what has replaced it, and how landlords can protect themselves from the costs and delays of a contested eviction.

Are no-fault evictions banned in the UK?

For private landlords in England, Section 21 “no-fault” evictions are now banned. Government guidance confirms this change in the law.

Since 1st May 2026, landlords in England have had to use the Section 8 process to regain possession of most private rented properties. This means relying on one or more legal grounds, rather than simply giving notice without a reason.

However, it’s important to note that housing law differs across Wales, Scotland, and Northern Ireland. Therefore, if you have rental properties outside England, you should check the rules that apply.

What was a no-fault (Section 21) eviction?

A no-fault eviction was the common name for a Section 21 eviction.

Before 1st May 2026, a landlord could use a Section 21 notice to end an assured shorthold tenancy (AST) without having to prove that a tenant had done anything wrong.

In most cases, the landlord had to give at least two months’ notice. They did not have to rely on problems such as rent arrears, damage, antisocial behaviour, or any other breach of the tenancy agreement and an applicable Section 8 ground.

This gave landlords a relatively straightforward way to regain possession of their property. For example, a landlord might have used Section 21 because they wanted to sell the property, move back in, or simply bring the tenancy to an end.

However, Section 21 was criticised because tenants could be asked to leave even after paying their rent, looking after the property, and generally being good tenants. The government abolished the process to give renters more security and ensure landlords use a clear legal reason when seeking possession.

How landlords can evict tenants after May 2026

Landlords now have to use a Section 8 notice to regain possession of most private rented properties in England.

Existing assured shorthold tenancies have changed to assured periodic tenancies (APTs). New tenancies are also APTs.

This means the tenancy rolls on until:

The tenant gives notice
Both sides agree to end it
The landlord regains possession through the courts

To start the possession process, the landlord must choose the correct legal ground, serve the right notice, and give the tenant the required notice period.

If the tenant does not leave, the landlord must then apply to court and provide evidence that the ground applies.

You can read our separate guide to Section 8 notices for more detail on the forms, grounds, and process.

The new grounds for eviction

Section 8 grounds fall into two main groups:

Cases where the tenant is at fault
Cases where the landlord needs the property back for a specific reason

Some grounds are mandatory; this means the court must make a possession order if the landlord proves the ground and has followed the correct process. Other grounds are discretionary; this means the court decides whether it is reasonable to make the order.

The full list of grounds and notice periods is set out in the government's guidance on grounds for possession.

Tenant fault

Tenant fault grounds include:

Serious rent arrears
Persistent late payment
Breach of tenancy
Property damage
Antisocial behaviour
False information given to obtain the tenancy

The notice period depends on the ground used. For example, serious rent arrears under Ground 8 usually require at least four weeks’ notice before the landlord can apply to court. The tenant must still owe the required level of arrears when the notice is served and when the case reaches the hearing.

For antisocial behaviour under Ground 14, the landlord does not have to wait before applying to court. However, the court must still consider the case and issue an order before the tenant can be evicted.

Landlord circumstances

Other grounds apply where the tenant isn’t at fault, but the landlord has a specific reason for needing the property back.

For example, a landlord may be able to seek possession if they want to:

Sell the property
Move into it themselves
House a close family member
Use the property for a specific supported, student, employment-related, or temporary housing purpose

For the main grounds of sale and move-out, landlords usually cannot require a tenant to leave within the first 12 months of a tenancy. The notice period is usually four months before the landlord can apply to court.

This means landlords can still recover their property in defined circumstances. However, they now need to use the correct Section 8 ground and be ready to prove it if the tenant does not leave.

Can a tenant be evicted immediately? Eviction timelines explained

In most cases, no, a tenant can’t be evicted straight away.

Even where a landlord has a valid reason to seek possession, eviction is a legal process. The tenant does not have to leave simply because the landlord asks them to go.

The timeline usually looks like this:

1. Serve a Section 8 notice

The landlord must first serve a Section 8 notice.

The notice must explain:

Which ground or grounds are being used
Why those grounds apply
How much notice the tenant has been given

2. Wait for the notice period to end

The notice period depends on the ground used.

Common examples include:

Selling or moving into the property – usually four months
Serious rent arrears under Ground 8 – usually four weeks
Some breaches of tenancy – usually two weeks
Some antisocial behaviour cases – the landlord may be able to apply to court straight away after serving notice

If the tenant leaves during the notice period, the tenancy ends. There is no need for a possession hearing.

3. Apply to court if the tenant does not leave

If the tenant doesn’t leave, the landlord must apply to the court for a possession order.

The landlord will need to provide evidence, including:

The Section 8 notice

Proof that the notice was served correctly

Evidence that the ground(s) for possession applies

4. Attend the possession hearing

Next, the court will list a possession hearing. When this takes place, the judge may:

Make a possession order
Adjourn the case
Dismiss the claim
Make a suspended possession order

5. Apply for enforcement if needed

If the court issues a possession order and the tenant still does not leave, the landlord must apply for a warrant of possession. Bailiffs or High Court enforcement officers can then carry out the eviction.

How long can the full process take?

A court eviction can take four to eight months.

The exact timing depends on the ground used, whether the tenant defends the claim, how quickly the court lists the hearing, and how long enforcement takes.

How landlord insurance protects you under the new rules

The end of Section 21 makes legal preparation more important. Under the old rules, many landlords relied on Section 21 because it did not require them to prove tenant fault. Under the new rules, landlords must use the correct Section 8 ground and be ready to prove their case if the tenant does not leave.

This can make regaining possession of your property more expensive, slower, and more stressful. One of the biggest risks is getting the notice wrong. If a landlord uses the wrong ground, gives the wrong notice period, serves the notice incorrectly, or fails to provide the right evidence, a judge may dismiss the claim. The landlord may then have to correct the mistake, serve a new notice, wait for the new notice period to expire, and restart the court process.

That is why landlord legal expenses insurance can be valuable. It can provide access to legal advice and cover for legal costs if a covered dispute arises, including eviction proceedings and action to recover unpaid rent.

This matters because a contested Section 8 notice can involve solicitor fees, court fees, paperwork, hearings, and enforcement costs. Without the old Section 21 route, landlords have less room for error.

Legal & rent guarantee insurance can also help protect landlords if a tenant stops paying rent. While a possession claim can take four to eight months, legal & rent guarantee cover can help protect rental income while the legal process continues.

These two types of cover can give landlords a practical safety net. They do not eliminate the need to follow the correct process, but they can help reduce the financial impact if a possession claim becomes contested or delayed, and they can also help ensure you follow the correct process.

What should landlords do now?

Landlords can still regain possession of their property when they have a valid legal reason.

Because Section 21 is no longer available in England, landlords now need to understand the Section 8 grounds, keep good records, serve notices correctly, and be prepared to prove their case in court if needed.

For many, the safest approach is to get support before taking action, rather than waiting until a notice is challenged or a court claim fails. At Alan Boswell Group, our landlord insurance specialists can help landlords arrange cover that supports them if a tenancy dispute, unpaid rent, or eviction process creates unexpected costs. If you would like to find out more, get in touch on 01603 216399.

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What is a no-fault eviction (and what has replaced it in 2026)?

In this article

In this article

Are no-fault evictions banned in the UK?

What was a no-fault (Section 21) eviction?

How landlords can evict tenants after May 2026