Can landlords still evict tenants after Section 21 was abolished?

Yes. Landlords can still repossess properties after 1 May 2026, but they must use one of the 18 grounds in Schedule 2 of the Housing Act 1988 as amended by the Renters' Rights Act. The grounds cover situations including rent arrears, breach of tenancy, anti-social behaviour, and the landlord wishing to sell or occupy the property.

What notice period do landlords need to give under the new rules?

Notice periods depend on the ground. Ground 8 (serious rent arrears) requires 4 weeks' notice. Grounds 1 and 1A (landlord occupation or sale) require 2 months' notice. Ground 14 (anti-social behaviour) requires just 2 weeks. Always check the specific ground — notice periods vary.

What is Ground 1A and when can landlords use it?

Ground 1A is the new 'landlord wishes to sell' ground introduced by the Renters' Rights Act. It requires 2 months' notice and cannot be used in the first 12 months of a tenancy. The landlord must genuinely intend to sell the property — using this ground dishonestly can result in a financial penalty.

What happens if a tenant does not leave after a valid notice?

If the tenant does not vacate after a valid notice expires, the landlord must apply to the court for a possession order. This process is the same as before — the notice itself does not end the tenancy. Once a possession order is granted and the tenant still does not leave, the landlord can apply for a warrant of eviction.

Is Ground 8 for rent arrears still mandatory?

Yes. Ground 8 remains a mandatory ground — if a tenant is at least 2 months' rent in arrears at both the date of the notice and the date of the court hearing, the judge must grant possession. However, the Renters' Rights Act did raise the arrears threshold from 8 weeks to 3 months for the mandatory element in some cases — check the updated Schedule 2 wording on legislation.gov.uk.

Section 21 Is Gone: How Landlords Can Repossess Property After 1 May 2026

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Section 21 of the Housing Act 1988 — the "no-fault eviction" mechanism that allowed landlords to repossess a property without giving any reason — was abolished on 1 May 2026. This guide explains what landlords can do instead, with the full list of Schedule 2 grounds and their notice requirements.

The abolition applies to England only. For full detail on the wider changes, see: Renters' Rights Act 2026: What Landlords Must Do Now.

Why Section 21 existed and what replacing it means

Section 21 allowed landlords to serve a two-month notice to end an assured shorthold tenancy without stating a reason. Courts were obliged to grant possession once the notice was validly served and the notice period had passed — there was no discretion. It became the primary tool for repossession even when the actual reason was rent arrears or breach of tenancy, because it was administratively simpler.

Its abolition means landlords must now identify and prove a specific ground. That is a higher evidential bar, but the grounds themselves are broad enough to cover almost every legitimate reason a landlord would want to repossess.

The Schedule 2 grounds: a complete reference

The grounds fall into two types: mandatory (the court must grant possession if the ground is proved) and discretionary (the court may grant possession if it considers it reasonable to do so).

Mandatory grounds

Ground	Basis	Notice period	Restrictions
1	Landlord or close family member intends to occupy as only or principal home	2 months	Cannot use in first 12 months; must not have been let on this ground before (in some cases)
1A (new)	Landlord intends to sell with vacant possession	2 months	Cannot use in first 12 months of tenancy
2	Mortgagee wishes to exercise power of sale and requires vacant possession	2 months	Mortgage must predate the tenancy or tenant was notified
5	Property required for minister of religion	2 months	Specific conditions apply
7A	Tenant convicted of an indictable offence committed in or near the property	1 month	Conviction must be final
7B	Tenant does not have the right to rent in the UK	2 weeks	Home Office notice required
8	Tenant is at least 2 months' (or 3 months' — see current legislation) rent in arrears at both notice and hearing date	4 weeks	Arrears threshold must be met at both stages

Discretionary grounds (selected)

Ground	Basis	Notice period
10	Some rent is unpaid at the date of the notice and at the date proceedings are begun	4 weeks
11	Tenant persistently delayed paying rent, even if not currently in arrears	4 weeks
12	Breach of any tenancy obligation other than rent	2 weeks
13	Deterioration of the property due to waste, neglect or default by tenant	2 weeks
14	Nuisance or annoyance to neighbours, or conviction for using property for immoral or illegal purposes	2 weeks
15	Deterioration of furniture	2 weeks
17	Tenancy granted following false statement by tenant	2 weeks

The full statutory text of each ground is on GOV.UK's private renting resources. Always verify the current wording — the Act amended several grounds and some transitional provisions are still being confirmed in secondary legislation.

Step-by-step: how to use a Schedule 2 ground

Identify the correct ground. Be specific — the ground determines your notice period and the evidence you need to prepare. Getting this wrong means starting again.
Check you have provided the information sheet. For tenancies created before 1 May 2026, landlords needed to provide the prescribed information sheet by 31 May 2026. Failure to do so invalidates certain notices. See: Renters' Rights Act Information Sheet Deadline.
Serve the correct Section 8 notice. Section 8 of the Housing Act 1988 is the statutory notice for Schedule 2 grounds. Use the prescribed form (Form 3 as updated for the Renters' Rights Act). The notice must specify the ground(s) and give the correct notice period.
Wait for the notice period to expire. Do not apply to court before the notice period has run — the application will be premature.
Apply to court if the tenant does not leave. For most grounds, this is through the county court possession process. Ground 8 applications can use the accelerated possession procedure.
Attend the hearing. For mandatory grounds, the hearing is usually brief — if the ground is made out, possession is granted. Discretionary grounds may involve a longer hearing where the judge considers reasonableness.

Common mistakes to avoid

Using an old Section 21 form. Section 21 is gone. Any notice served after 1 May 2026 on a Section 21 form has no legal effect.
Wrong notice period. Ground 8 requires 4 weeks; Ground 1A requires 2 months. Using a shorter period than required makes the notice invalid.
Issuing notice in the first 12 months. Grounds 1 and 1A cannot be used in the first year of a tenancy. If you try, the court will refuse possession on those grounds.
Not having the arrears at the hearing date. Ground 8 is mandatory only if arrears meet the threshold at both the notice date and the hearing date. If the tenant pays down the arrears before the hearing, the mandatory element falls away — though discretionary Ground 10 may still apply.
Not keeping records. For Grounds 1 and 1A, you will need to demonstrate genuine intent to sell or occupy. Keep evidence — estate agent instructions, correspondence, planning documents.

What about accelerated possession?

The accelerated possession procedure (a paper-only process that avoids a full hearing) was previously used almost exclusively with Section 21. It is now available for mandatory Schedule 2 grounds where the tenant does not dispute the facts. Ground 8 for rent arrears is the most common candidate.

What this could look like as a portfolio tool

Arrears tracker concept

A property management system could flag tenancies approaching the Ground 8 threshold by tracking rent payment history against the current balance. Combining that with tenancy start dates — to flag when Ground 1A becomes available at 12 months — would give landlords a single dashboard for their possession options across a portfolio. The Homedata property data API can enrich that view with EPC ratings and property characteristics.