Published: 09/04/2026

When Can Landlords Evict Under the New System?

With the abolition of Section 21, the way landlords regain possession of their property is fundamentally changing. The focus now shifts entirely to Section 8, which sets out the legal grounds on which a landlord can seek possession.

Section 8 is not new, and has been the mechanism by which Landlords sought possession for breaches of tenancy, such as rent arrears or anti-social behavior (amongst many other grounds). Section 21 has traditionally  been relied on by Landlords as the faster route for eviction, which didn’t require any material breach of tenancy, or any reason for serving notice.

While the switch to may sound like a simple swap, the reality is more nuanced. The government is expanding and strengthening Section 8 grounds to ensure landlords can still recover their properties where there is a legitimate reason. However, the process is likely to become more evidence-led and take longer.
 
Understanding how these new rules work will be key to managing risk and maintaining control over your investment.

What is Section 8 and what is changing? 

Section 8 allows landlords to regain possession of a property by relying on specific legal grounds. These grounds fall into two categories: mandatory and discretionary.

Mandatory grounds mean that if the landlord can prove the ground, the court must grant possession. Discretionary grounds give the court more flexibility, meaning outcomes can be less predictable.

Under the Renters’ Rights Bill, Section 8 is being expanded. New grounds are being introduced, and some existing ones are being strengthened. This is intended to balance the removal of Section 21 by ensuring landlords still have clear routes to regain possession when needed.

Notice periods are changing?

One of the biggest practical changes is around notice periods. These will vary depending on the ground used, however in most cases we are seeing typical landlord-served notices increase from 2 months to 4 months. Such cases include: rent arrears, landlord selling, landlord or family member moving in, or refurbishment of property.

This means landlords will need to plan much further ahead when seeking possession.

How notice will be served

Notice will still be served using a Section 8 notice, but accuracy becomes critical.

This includes:

• Using the correct prescribed form
• Clearly stating the ground being relied upon
• Providing accurate dates and notice periods

Any error in serving notice, no matter how small or seemingly insignificant, could invalidate the claim and delay possession significantly.

What Happens If the Tenant Does Not Leave?
 
Serving a Section 8 notice does not end the tenancy. It gives the landlord the ability to apply to court for possession.

If the tenant does not leave when the notice expires, the landlord must begin formal legal proceedings.
 
There is no alternative route to regain possession – all eviction cases are now legal cases.

In practice Landlords must issue a claim for possession through the court and must prove the ground you are relying on.
 
The only scenario where court is not required is if the tenant leaves voluntarily before or at the end of the notice period.

The process then follows three key stages:

1. Court application
The landlord submits a possession claim with all supporting documentation, including the tenancy agreement, notice served, and evidence.

2. Possession order
If successful, the court will grant a possession order. This typically gives the tenant 14 days to leave, although it can be extended up to six weeks in cases of hardship.

3. Bailiff enforcement
If the tenant still does not leave, the landlord must apply for bailiffs. Only bailiffs can legally remove a tenant.

This represents a major shift. Under Section 21, many tenants left at notice stage. Under Section 8, any tenant who does not leave means a full legal process.

For landlords, this means longer timelines, stricter requirements, and greater reliance on correct documentation.

In reality, landlords should expect the process from notice expiry to regaining possession to take several months.
 
The key takeaway: serving notice is just the start. Regaining possession now depends on navigating a legal process correctly.

How possession orders will be granted

Once notice expires, landlords must apply to the court for a possession order.

The court will:

• Review the ground being relied upon
• Assess the evidence provided
• Decide whether the ground is proven (mandatory) or reasonable (discretionary)

This makes preparation and documentation far more important than under the previous system.

Likely timeframes to gain possession 

One of the biggest concerns for landlords is how long the process will take.
In reality, timelines are likely to be:

• Notice period: often 2 months to 4 months, depending on the ground
• Court process: several months depending on court backlog and higher strain from new volumes of cases 
• Enforcement (if needed): additional weeks or months

Impact on the courts

With all possession claims moving through Section 8, pressure on the court system is expected to increase.
This may result in:

• Longer waiting times for hearings
• Delays in possession being granted
• Increased need for accurate applications to avoid further delays

What the government says they are doing

1. Digitising the court process
One of the biggest changes the government are said to be tackling is moving possession claims to digital / online systems. The aim is Faster submission of claims, better case tracking, and less admin friction

This is specifically aimed at replacing the old “accelerated possession” route that disappears with Section 21
 
2. Improving case management
The aim is to:

• Streamline how cases are handled
• Reduce unnecessary hearings
• Make outcomes more predictable

Industry bodies have been very clear - efficient case handling is essential for the system to work.

3. Increasing capacity (in theory)
Government messaging includes:

• More resources for courts and tribunals
• Preparing for increased volume
• Scaling systems alongside reform

There have also been commitments to ensure courts are “adequately prepared” for increased demand

4. Wider system changes to reduce disputes
The government is also trying to reduce pressure before things hit court:

New Ombudsman

Once introduced, this will be mandatory for landlords and the service will handle disputes without the need for court intervention.
 
Property portal / database

• Improves compliance
• Reduces disputes

Clearer rules (rent increases, pets, etc.)

The basis of the changes is less ambiguity = fewer legal challenge. These are designed to divert cases away from court entirely.
Despite all of this, there is widespread concern the system will still be overwhelmed with warnings from landlord groups, letting agents, legal professionals, and judges. Eviction cases could surge significantly once everything goes through Section 8. Tribunals (for rent disputes) may also be stretched. 

What does this mean in practice?

Landlords can still regain possession, but the process is no longer quick or flexible. This increases the importance of:

• Choosing the right tenants
• Managing arrears early
• Keeping detailed records
• Acting quickly when issues arise

Key grounds landlords need to understand

• Selling the property
• A new mandatory ground will allow landlords to regain possession if they intend to sell the property.
• Moving back in or family use
• Landlords will also be able to recover possession if they or a close family member intend to move into the property.
• Rent arrears
• This remains one of the most important grounds. However, the thresholds and processes around arrears are expected to tighten.
• Anti-social behaviour
• Grounds relating to anti-social behaviour are expected to be strengthened.
• Evidence will become more important
• Every possession claim will need to be clearly justified. This means clear tenancy agreements, accurate rent records, documented communication, and supporting evidence.

What should landlords do now?

Review tenancy agreements, track rent properly, understand grounds, and take advice early.

The move to a Section 8-only system represents a significant shift in the private rented sector. If you would like help preparing for these changes or ensuring your property remains compliant, our team at Dwell would be happy to help.