What Replaces Section 21? The New Eviction Process Explained

Section 21 no-fault evictions are gone. Here is how possession works now, from the new Section 8 grounds to court and bailiffs.

Section 21, the no-fault eviction notice, was abolished by the Renters'' Rights Act 2025. Landlords can no longer ask tenants to leave without giving a reason. Every possession case now runs through Section 8, with a stated ground that a court can examine.

What changed

Under the old system you could serve two months'' notice without giving a reason, and the court had to grant possession. That route no longer exists. All tenancies are now periodic, and possession requires a legal ground: rent arrears, selling, moving in, antisocial behaviour, breach of tenancy and so on.

The new process in outline

Identify your ground. The reason must fit one of the statutory grounds. "I want the property back" is not a ground; "I am selling" or "I am moving in" are, with conditions.
Serve a Section 8 notice on the prescribed form, with full particulars and the correct notice period for that ground.
Wait for the notice to expire. Periods range from immediate (antisocial behaviour) to four months (serious rent arrears).
Apply to the county court for a possession order if the tenant stays.
Apply for a warrant for county court bailiffs or High Court enforcement officers if the tenant still will not leave.

The grounds landlords will use most

Ground 8: three months'' rent arrears, mandatory.
Ground 1: landlord or close family moving in, mandatory, with re-letting restrictions.
Ground 1A: genuine sale, mandatory, not available in the first 12 months.
Ground 14: antisocial behaviour, discretionary but fast.
Grounds 10 to 12: persistent late payment or other breaches, discretionary.

What this means in practice

Timelines are longer and less certain. Budget for several months from notice to bailiffs, and more if the tenant defends the claim.
Evidence is everything. Rent statements, inspection reports, incident logs and correspondence now decide cases. Landlords with tidy records will fare far better than those without.
Selling or moving in carry conditions. Re-letting within the restricted period after using Ground 1 or 1A can bring penalties and a rent repayment order.
Illegal eviction risk is higher. Frustrated landlords changing locks or removing belongings face criminal prosecution. There is no shortcut around the court process.

What to do this week

Review your record keeping: a contemporaneous rent statement is the single most important document in an arrears case.
Read the ground particulars requirements before you ever need them.
If a tenancy is going wrong, act early. Serving notice promptly when a ground arises saves months compared with waiting.