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↓ Try the Checker NowLandlords in England must use Section 8 grounds to evict tenants following the abolition of Section 21 in May 2026. Ground 8 (serious rent arrears) requires 3 months' arrears at both the notice stage and the hearing.
In England and Wales, all deposits must be protected in a government-approved scheme within 30 days and the prescribed information provided to the tenant. Failure to do so bars you from serving a Section 8 notice and can result in a penalty of 1–3x the deposit.
Key areas covered: Section 8, Section 21, deposit protection, landlord licensing, HMO, gas safety, Renters Rights Act. Checked against official sources.
Each Section 8 ground has its own specific evidence requirements and notice periods — using the wrong ground, or failing to meet its specific threshold (like the 3-month arrears requirement for Ground 8), can result in a court rejecting your possession claim entirely, so getting this right from the outset matters.
In England, as well as stopping a court making a possession order on most Section 8 grounds, failing to protect a deposit properly and give the prescribed information within 30 days exposes you to a compensation claim of one to three times the deposit amount — a cost far exceeding the minimal effort required to do this correctly the first time.
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Our guidance covers many common situations, but complex or high-stakes cases need professional advice. For landlord and possession matters, check the GOV.UK guidance on grounds for possession, speak to your local council housing team, or take advice from a solicitor experienced in housing law. ACAS covers employment only and cannot help with tenancy disputes.
Further reading: our blog explains what replaced Section 21 and what it means for possession.
What you need to know
The checker below answers from the verified guide for your nation. These are the key points from each one.
Full guide: What Are My Obligations as a Landlord in England? Last verified: 25 September 2026.
Full guide: What Are My Obligations as a Landlord in Wales? Last verified: 25 September 2026.
Full guide: What Are My Obligations as a Landlord in Scotland? Last verified: 25 September 2026.
Full guide: What Are My Obligations as a Landlord in Northern Ireland? Last verified: 25 September 2026.
This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.
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Can I still serve a Section 21 notice?
No. Section 21 no-fault eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025. A Section 21 notice served on or before 30 April 2026 remains valid only if you submitted a court possession claim by 31 July 2026. For all other cases you must now use Section 8 and prove one of the specified grounds, using prescribed Form 3A.
How much notice do I need to evict a tenant for rent arrears?
Ground 8 (serious rent arrears) is mandatory and requires 4 weeks' notice. From 1 May 2026 the threshold rose to 3 months' or 13 weeks' arrears, and the tenant must be at that level both when the notice is served and at the hearing. Arrears caused by undelivered Universal Credit are excluded. Grounds 10 (any arrears) and 11 (persistent late payment) are discretionary and also require 4 weeks' notice.
Do I need an HMO licence?
In England, a mandatory HMO licence is required where 5 or more people from 2 or more households share amenities — regardless of the number of storeys, since 1 October 2018. Many councils also run additional or selective licensing covering smaller properties, so always check with your local council. Operating an unlicensed mandatory HMO is a criminal offence, which can lead to a civil penalty or prosecution, and tenants can apply for a Rent Repayment Order.
How long do I have to return a tenant deposit?
Deposits must be returned within 10 days of both parties agreeing the amount. If you are making deductions, provide an itemised breakdown. The deposit must be protected in a government-approved scheme within 30 days of receipt, with the prescribed information given to the tenant in the same period. Failure to do so means the tenant can claim the deposit back plus 1 to 3 times its value, and the court cannot make a possession order on most grounds while the deposit is unprotected.
How much notice must I give to raise the rent?
From 1 May 2026 you must use the Section 13 procedure on prescribed Form 4A and give at least 2 months' written notice. Rent may only be increased once every 12 months, and any existing rent review clause in the tenancy is void. A tenant can challenge the proposed increase at the First-tier Tribunal, but the application must be submitted before the start date stated in the notice — there is no grace period. The Tribunal cannot set a rent higher than you proposed and cannot backdate it.
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The checker answers only from the guide for the nation you choose, plus what you tell it. If your question is not covered there, it says so instead of guessing. Each guide was checked against primary sources on 25 September 2026.
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Directed and published by Matt Thompson, founder of UK Work Rights. Guidance checked against GOV.UK, ACAS and legislation.gov.uk. This is general rights guidance, not legal advice.
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