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🏠 Housing Rights Guide

Eviction Rights in 2026: Section 21 Is Gone — Here's What You Need to Know

The biggest change to tenants' rights in a generation. From 1 May 2026, landlords can no longer evict you without a legal reason. This guide explains the new rules, your rights, and exactly what to do if you're facing eviction.

✅ Last verified: June 2026 📚 Sources: Renters' Rights Act 2025, Shelter, GOV.UK 🏴󠁧󠁢󠁥󠁮󠁧󠁿 Applies to England

⚖ Know Your Rights at a Glance

🆕 The Renters' Rights Act 2025 — the biggest change in 30 years

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and came into full effect on 1 May 2026. It abolishes Section 21, overhauls the grounds for eviction, bans discrimination against benefit claimants and families with children, and creates new rights on rent increases, deposits and property standards. This applies to all private tenancies in England.

What happened to Section 21?

Section 21 was the law that allowed landlords to evict tenants without giving any reason — often called a "no-fault" eviction. It was used to end tenancies after a fixed term, to remove tenants who complained about repairs, or simply because a landlord wanted their property back.

From 1 May 2026, Section 21 no longer exists for private renters in England. No new Section 21 notices can be issued. If your landlord wants you to leave, they must now use Section 8 and prove one of a specific list of legal grounds — in court, if you dispute it.

⚠ If you received a Section 21 notice before 1 May 2026

Any valid Section 21 notice served on or before 30 April 2026 could still be acted on — but only if court proceedings were issued by 31 July 2026. If you received an old Section 21 notice and court proceedings haven't started by that date, the notice has expired and has no legal force. Seek advice from Shelter immediately if you are in this situation.

How your landlord can now end your tenancy (Section 8)

Your landlord must serve a Section 8 notice using one of the legal grounds below, wait for the notice period to expire, then apply to court for a possession order if you haven't left. The court must be satisfied the ground is proven before ordering possession.

The main Section 8 grounds you need to know

GroundReasonTypeNotice needed
Ground 1 Landlord or close family member wants to move in Mandatory 4 months — cannot be used in first 12 months of tenancy
Ground 1A Landlord intends to sell the property Mandatory 4 months — cannot be used in first 12 months
Ground 8 Rent arrears of 3 months (13 weeks if weekly rent) Mandatory 4 weeks — arrears must exist at both notice and hearing
Ground 7A Serious antisocial behaviour, criminality or domestic abuse Mandatory None — applies immediately
Ground 14 Nuisance, annoyance, or use of property for illegal purposes Discretionary None — but court decides
Grounds 10 & 11 Rent arrears (below 3 months) / persistent late payment Discretionary 4 weeks

Mandatory means the court must grant possession if the ground is proved. Discretionary means the court may grant possession — it considers all the circumstances.

If your landlord is using Ground 1 or 1A (moving in or selling), they cannot re-let or sell to someone other than who they stated within 12 months, or they commit a criminal offence with a civil penalty of up to £7,000 (first breach) or £40,000 (continued breach).

Deposits — your rights

Your landlord must protect your deposit in one of three government-approved schemes within 30 days of receiving it:

They must also give you the "prescribed information" (details of the scheme and your rights) within the same 30-day window.

If your landlord doesn't protect your deposit, you can claim 1 to 3 times the deposit amount in compensation — and a court can order repayment of the deposit plus this penalty.

Your deposit is capped at 5 weeks' rent (or 6 weeks if your annual rent exceeds £50,000).

Rent increases — the new rules

From 1 May 2026, your landlord can only raise your rent:

You have the right to challenge a rent increase by applying to the First-tier Tribunal (Property Chamber). Bidding wars — where landlords accept offers above the asking rent — are now banned.

Repairs and your right to a safe home

Your landlord must keep your home in a good state of repair. This includes:

Under the Homes (Fitness for Human Habitation) Act 2018, your home must be fit to live in at the start of the tenancy and throughout. If your home has serious hazards — damp, mould, unsafe electrics, no heating — your landlord must address them.

Always report repairs in writing (email or text is fine) so you have a record of the date you reported it. If your landlord ignores serious repair issues, you can:

What to do if you receive an eviction notice

1
Don't panic — and don't leave immediately

You do not have to leave when you receive a notice. A notice is not a court order. Your landlord cannot make you leave until a court grants a possession order and a bailiff is authorised to enforce it.

2
Check the notice carefully

Is it a Section 8 notice? What ground is stated? Has the correct notice period been given? Is the form correctly completed (new Form 3A)? An incorrectly served notice may not be valid.

3
Get advice from Shelter or Citizens Advice immediately

Shelter's free helpline is 0808 800 4444 (Mon–Fri 8am–8pm, Sat 9am–5pm). Citizens Advice: 0800 144 8848. Both can advise you on whether the notice is valid and what your options are.

4
If you have rent arrears, act now

If the eviction is for rent arrears (Ground 8), the arrears must exist both when the notice is served and at the court hearing. Clearing or reducing arrears before the hearing may stop the eviction — especially for discretionary grounds. Contact your local authority housing team and check for benefit entitlements.

5
Attend the court hearing

If your landlord applies to court, attend the hearing. You can put your case, challenge the ground being used, and apply for a postponement. Not attending means the court will almost certainly grant possession without hearing your side.

6
If you become homeless, tell the council

If you're at risk of homelessness within 56 days, your local council has a legal duty to help under the Homelessness Reduction Act 2017. Don't wait until you've actually lost your home — contact them as soon as you get a notice.

🚨 Illegal eviction is a criminal offence

Your landlord cannot change the locks while you're a tenant, remove your belongings, cut off utilities, threaten or harass you, or physically force you out. This is illegal eviction under the Protection from Eviction Act 1977 — a criminal offence. If this happens, call the police and contact Shelter immediately on 0808 800 4444.

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Frequently asked questions

My landlord says they're selling the property. Do I have to leave?
Not immediately. Your landlord must serve a valid Section 8 notice using Ground 1A, give you 4 months' notice, and cannot use this ground in the first 12 months of your tenancy. They then need to apply to court if you don't leave voluntarily. They also cannot re-let the property within 12 months of using this ground.
I'm behind on rent. Can my landlord evict me?
Your landlord can apply for eviction using Ground 8 only if your arrears are 3 full months' worth (or 13 weeks if you pay weekly), at the time of the notice AND at the court hearing. If you reduce the arrears below 3 months before the hearing, Ground 8 fails. Get advice immediately and check whether you're entitled to any benefits or housing support.
My fixed-term tenancy has ended. Does my landlord have to renew it?
No — but they can't just ask you to leave either. Since May 2026, all assured shorthold tenancies have automatically become periodic (rolling monthly) tenancies. There are no more fixed terms. You stay in the property on that rolling basis until either you give 2 months' notice or your landlord successfully obtains a possession order under Section 8.
Can my landlord evict me for complaining about repairs?
Under the old Section 21 rules, yes — this was called a "retaliatory eviction." Now that Section 21 is abolished, they would need to use a specific Section 8 ground. None of the Section 8 grounds permit eviction simply for reporting repairs. If your landlord tries to evict you after you've reported a repair issue, that could be challenged as an attempt to misuse the grounds.
My landlord is increasing my rent by a huge amount. Is that allowed?
A landlord can only increase your rent once every 12 months using the formal Section 13 process with 2 months' notice. If the increase is above market rate, you can challenge it at the First-tier Tribunal (Property Chamber). The tribunal will set the rent at the open market rate for your area.
My landlord hasn't protected my deposit. What can I do?
You can apply to court for the return of your deposit plus a penalty of 1–3 times the deposit amount. The court will decide the penalty based on how serious the breach was. You can also check whether your deposit is protected using each scheme's online tool — search DPS, MyDeposits or TDS.

📞 Free help and support

Shelter: 0808 800 4444 — free housing advice including eviction, repairs and deposits (Mon–Fri 8am–8pm, Sat 9am–5pm)

Citizens Advice: 0800 144 8848 — free housing and benefits advice

Your local council: Contact their housing team if you're at risk of homelessness within 56 days

Shelter online: england.shelter.org.uk

GOV.UK eviction guidance: gov.uk/eviction-from-rented-home

⚠ Important disclaimer: This guide provides general legal information about housing rights and eviction in England as at June 2026 under the Renters' Rights Act 2025. Rules differ in Scotland, Wales and Northern Ireland. This is not legal advice — always verify current rules with Shelter, Citizens Advice or GOV.UK before acting. If you are facing eviction, get advice immediately. No solicitor-client relationship is created by using this guide. ukworkrights.co.uk — Free UK Legal Rights Guidance. Not a law firm.

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