Evicting Tenants: What Landlords Need to Know About the New Rules

The rules governing the eviction of residential tenants in England have changed significantly.

Since 1 May 2026, the Renters’ Rights Act 2025 has abolished Section 21 “no-fault” evictions for most private residential tenancies. Landlords can no longer simply serve a Section 21 notice to recover possession. Instead, they generally need to rely on one or more statutory grounds for possession under Section 8 of the Housing Act 1988.

The changes also mean that most existing and new assured tenancies are now periodic tenancies, rather than fixed-term assured shorthold tenancies.

How can landlords recover possession?

There remain a number of grounds on which landlords can seek possession, including:

• Rent arrears and other breaches of the tenancy;
• Antisocial behaviour;
• The landlord wishing to sell the property; and
• The landlord or certain family members wishing to occupy the property.

The requirements and notice periods vary depending on the ground being relied upon. It is therefore essential that the correct ground is identified and that the notice is properly prepared and served.

If the tenant does not leave, the landlord can apply to the court for a possession order. Depending on the circumstances, the proceedings can also include a claim for rent arrears and other sums owed, enabling the landlord to seek a money judgment against the tenant.

Experienced advice for landlords

The new procedure is more involved than the former Section 21 process, and mistakes in notices or court proceedings can result in significant delay and additional expense.

At Field Overell LLP, our solicitors have extensive experience acting for residential landlords in possession and rent arrears cases. We have achieved multiple successes in obtaining both possession orders and money judgments against tenants, helping landlords recover their properties while also pursuing money that is owed to them.

We can advise landlords on the appropriate ground for possession, prepare and serve the necessary notices, issue court proceedings and pursue rent arrears alongside the possession claim where appropriate.

If you are a landlord facing rent arrears, a breach of tenancy, antisocial behaviour or simply need to recover possession of your property, early legal advice can help you avoid costly mistakes and unnecessary delay.

 Please contact our Civil Litigation team on 01926 422 101 or leamspa@fieldoverell.com to discuss your circumstances and find out how we can help.