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Since 1 May 2026, no-fault section 21 evictions are abolished in England under the Renters' Rights Act. A landlord now needs a legal ground: serious rent arrears, sale, moving in themselves, or serious breach, each with its own notice period and proof, and only a court can actually evict you. Many notices are defective. Do not leave because paper arrived; have the paper checked.
The Renters' Rights Act ended the old regime: from 1 May 2026 tenancies run as periodic assured tenancies and section 21 notices can no longer be served. Old section 21 notices died with the transition; a landlord who did not issue court proceedings by the cut-off cannot use one now.
Possession now needs a ground under section 8. Selling the property or moving in themselves generally requires four months' notice and cannot be used in the first year of the tenancy. The mandatory rent arrears ground requires at least three months of arrears, broadly both when notice is served and at the hearing, with four weeks' notice, and discretionary grounds cover persistent arrears and other breaches where the court weighs reasonableness.
Only a court order and then bailiffs can remove you. Locks changed, belongings moved or utilities cut is illegal eviction, a criminal offence, and harassment to force you out is too. Free help exists alongside legal advice, including council homelessness teams, who must assist before you are homeless, not after.
Guide edition: August 2026. General information for England and Wales. Current law and your particular facts require assessment before action.
The ground claimed, the notice period, the dates, the form. Defects are common and a defective notice fails.
Selling: is there real evidence? Arrears: is the arithmetic right, and can payments bring you under the threshold before the hearing? Grounds must be proved, not asserted.
Respond in writing, take advice, tell the council early if homelessness threatens. Courts respect tenants who engaged; landlords respect tenants with representation.
Possession hearings are short; duty advice exists, and prepared defences on defective notices or unproven grounds succeed regularly.
Tell Kestrel what happened. The AI legal assistant gathers the facts and prepares a summary for you to check. Request lawyer review from your Legal Centre.
Speak to Kestrel nowAct inside the notice period rather than at its end: advice, arrears arithmetic and council duties all work better with weeks in hand. If a hearing date exists, preparation starts now.
This guide concerns Property & tenancy. It forms part of our reference library. Kestrel is preparing for SRA authorisation. See practice details for the proposed service and current availability.
Section 21 notices are no longer enforceable: the transition window for issuing proceedings on them has closed. If your landlord still wants possession, they must start again under the new grounds regime.
No. The mandatory ground needs at least three months of arrears, broadly at notice and at hearing, so reducing arrears below the threshold before the hearing can defeat it, and discretionary grounds turn on reasonableness. Engage with the arithmetic early.
The sale ground carries a four-month notice period, cannot be used in the first year, and needs evidence of genuine intent. Misusing it carries consequences for the landlord, including restrictions on reletting.
No. Without a court order and bailiffs, eviction is illegal and criminal. If it happens, police, the council and an urgent court application can restore entry and compensation can follow.
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