Grounds for Evicting a Tenant in England and Wales (2026)

Evicting a tenant now works very differently depending on which side of the border your property sits.

In England, the Renters' Rights Act came into force on 1 May 2026 and abolished Section 21 'no-fault' evictions, so every eviction needs a valid reason, called a ground for possession, served through a Section 8 notice.

In Wales, a separate law, the Renting Homes (Wales) Act, applies, and the rules are not the same. This guide covers England in detail and then sets out the Welsh process, so you know exactly where you stand whichever nation you let in.

That makes understanding the grounds more important than it has ever been. This guide explains the grounds you can rely on, how much notice each one needs, the crucial difference between mandatory and discretionary grounds, and what happens if a tenant will not leave. Eviction is heavily regulated, so following the process exactly is the only way to protect your rental business and stay on the right side of the law.

What changed under the Renters' Rights Act?

The Act reshaped the whole eviction process in England from 1 May 2026. The headline changes are:

Section 21 is abolished. Landlords can no longer evict without a reason. Read more in our guide to the abolition of Section 21.

Assured shorthold tenancies are gone. Existing tenancies converted to periodic assured tenancies, so fixed terms and the old AST framework no longer apply.

Every eviction now runs through Section 8 grounds. You need a recognised reason backed by evidence.

Some grounds are new or strengthened. There is a dedicated ground for selling (Ground 1A) and a revised ground for moving in (Ground 1), both with longer notice.

Compliance now gates most grounds. Deposit protection and registration on the new PRS Database can block a possession claim if they are not in order.

Can you still serve a Section 21 notice?

No. Since 1 May 2026 you cannot serve a new Section 21 notice in England. The no-fault route has ended, and any eviction now needs a Section 8 ground.

If you served a valid Section 21 notice before the changeover, transitional rules govern whether you can still act on it, and those windows are tight. Our guide to how long it takes to evict a tenant covers where the old notices stand. If you are unsure, take advice before relying on a pre-commencement notice.

Mandatory or discretionary: the distinction that decides your case

Every Section 8 ground is either mandatory or discretionary, and the difference changes everything about your chances in court.

Mandatory grounds: if you prove the ground applies, the court must grant possession. It cannot decide the eviction is unfair and refuse.

Discretionary grounds: you have to prove the ground and then persuade the court that eviction is reasonable. The judge weighs the tenant's circumstances and your conduct before deciding.

In practice, mandatory grounds are stronger but have stricter conditions, while discretionary grounds give you more options but put more weight on your evidence. Many landlords cite more than one ground on the same notice to strengthen a claim.

[EMBED TABLE: 'Grounds for eviction at a glance' — add as a Webflow Embed block here]

The main grounds for eviction

Rent arrears (Grounds 8, 10 and 11)

Rent arrears are the most common reason landlords seek possession. There are three grounds, and the difference matters.

Ground 8 is the mandatory arrears ground. Post-Renters' Rights Act, the tenant must be at least three months in arrears where rent is paid monthly (with an equivalent threshold for other payment frequencies), and the notice period is four weeks. If you prove the arrears, the court must grant possession.

Grounds 10 and 11 are discretionary. Ground 10 covers rent unpaid when you serve notice and at the hearing; Ground 11 covers persistent late payment even if the tenant has since cleared the balance.

Watch the Ground 8 pay-down trap. The arrears must meet the threshold both when you serve the notice and on the day of the hearing. If the tenant pays the balance down below the threshold before the hearing, the mandatory ground collapses and the court cannot grant possession on Ground 8, though you may still argue the discretionary grounds. This is the single most common reason a 'straightforward' arrears case fails. Our guide on how to handle late rent covers the steps to take before it gets to this stage.

Moving into the property yourself (Ground 1)

Ground 1 lets you take the property back so you, your partner, or a close family member can live there. It is mandatory, needs four months' notice, cannot be used in the first 12 months of a tenancy, and brings a 12-month ban on re-letting afterwards. Misuse can mean a civil penalty of up to £40,000. Full detail in our guide to evicting a tenant to move in.

Selling the property (Ground 1A)

Ground 1A is the new mandatory ground for landlords who intend to sell. It mirrors Ground 1 on notice (four months), the 12-month protected period and the re-let restriction, but applies to a sale rather than occupation. See our guide to Ground 1A and selling a tenanted property.

Antisocial behaviour (Grounds 14 and 7A)

Ground 14 is the discretionary ground for nuisance and antisocial behaviour, and Ground 7A is the mandatory ground for the most serious or criminal cases. Both let you apply to the court straight away, with no notice period, and neither is blocked by the deposit or PRS Database compliance rules. Read more in our guide to evicting a tenant for antisocial behaviour.

Breach of the tenancy agreement (Ground 12)

Ground 12 is a discretionary ground for breaking a term of the tenancy, such as keeping a pet against the agreement or causing damage. It needs two weeks' notice, and a clear, well-drafted tenancy agreement is what makes it usable.

How much notice do you have to give?

Notice periods now vary widely by ground, from no notice at all for antisocial behaviour up to four months for moving in or selling. Arrears sit at four weeks, and breach of tenancy at two weeks. Always check the notice period for the specific ground before you serve, because serving the wrong period invalidates the notice. Our dedicated Section 8 notice guide breaks down the requirements ground by ground.

What if the tenant doesn't leave after the notice?

A notice does not, on its own, remove a tenant. If they stay past the notice period, you have to apply to the county court for a possession order, and if they still do not leave you apply for a warrant so court-appointed bailiffs (or High Court enforcement officers) can carry out the eviction. You cannot change the locks or force a tenant out yourself, as that is an illegal eviction and a criminal offence.

This takes time. The latest Ministry of Justice possession statistics put the median from a landlord's court claim to repossession at around 26 weeks, and that figure excludes the notice period beforehand. Our guide to how long it takes to evict a tenant walks through each stage.

Compliance you need before you can rely on most grounds

Section 21's old prerequisites are gone, but compliance still matters, and in some ways it matters more. For most grounds, a possession claim can be blocked if you have not protected the deposit in a government scheme or registered the tenancy and yourself on the new PRS Database. The important exception is the antisocial behaviour grounds (7A and 14), which are not blocked by these rules.

Keeping deposit records, certificates, the tenancy agreement and your communication history organised in one place makes proving compliance far easier if a case reaches court.

Evicting a tenant in Wales: the Renting Homes (Wales) Act

If your property is in Wales, none of the England grounds above apply. Wales has its own system under the Renting Homes (Wales) Act 2016, in force since December 2022, with different language and different notices. Tenants are 'contract-holders', tenancies are 'occupation contracts', and private lets are 'standard occupation contracts'.

The headline difference is the opposite of what the England news might lead you to expect. Wales has kept its no-fault route, while England has scrapped one.

No-fault possession in Wales (Section 173)

Wales still allows no-fault possession, through a Section 173 notice (the rough equivalent of the old Section 21, served on the prescribed form).

But it is slow and conditional:

• ‍Six months' notice: A Section 173 notice requires a full six months, against the two months England used to allow.‍
• Not in the first six months: You cannot serve a Section 173 notice until the contract-holder has been in the property for at least six months, so in practice a compliant contract-holder has around twelve months of security.‍
• Compliance must be watertight: The no-fault route is only valid if you are registered and licensed with Rent Smart Wales, have issued a written statement of the occupation contract, have protected the deposit and served the prescribed information, and hold current gas and electrical safety records. A late or incomplete written statement can trigger a further six-month wait before you can even serve notice.‍
• Retaliatory eviction is blocked: A Section 173 notice can be challenged if it follows a complaint about the condition of the property.

Unlike England, Wales does still offer an accelerated possession route for no-fault cases where the paperwork is flawless, so the process, though long, can avoid a contested hearing.

Fault-based possession in Wales

Where the contract-holder is at fault, you can act faster. Wales has separate routes for breach of contract, serious rent arrears and antisocial behaviour. Antisocial behaviour proceedings can begin immediately with no notice period, serious rent arrears carry a short notice period where around two months are owed, and other breaches generally need roughly a month. As in England, you prove the ground in court, and some grounds are mandatory while others are discretionary.

Welsh possession law is detailed and the forms and timings are specific, so check the current guidance on GOV.WALES and Rent Smart Wales before serving anything. Getting the notice or compliance wrong means starting over.

Should you review your tenancy agreements?

Yes. With possession now resting entirely on grounds and evidence, your tenancy agreement is doing more work than ever, especially for discretionary grounds like breach of tenancy and antisocial behaviour. Make sure each agreement sets out tenant obligations clearly and covers scenarios such as rent arrears, damage and conduct. Our guide to a strong tenancy agreement covers what to include.

Additional resources

• ‍Landlord responsibilities and legal obligations: the checklist runs through the safety, compliance and documentation duties behind every tenancy.‍
• Free documents and templates for UK landlords brings together tenancy agreements, checklists and other downloads in one place.‍
• A landlord's guide to Making Tax Digital explains the MTD rules and key dates UK landlords need to know.

Frequently asked questions

Which ground gets me my property back fastest?

The antisocial behaviour grounds have no notice period, so you can apply to court immediately, but the court queue still applies. For arrears, Ground 8 is mandatory but depends on the arrears holding above the threshold at the hearing.

How much rent arrears do I need for a mandatory eviction?

For Ground 8, the tenant must be at least three months in arrears where rent is paid monthly, both when you serve notice and at the hearing. If they pay it down below that level before the hearing, the mandatory ground fails.

What happens to a Section 21 notice I served before the changes?

Transitional rules apply and the windows are short. Take advice before acting on a pre-commencement notice rather than assuming it is still valid.

Can the court refuse to evict even if I prove my ground?

On mandatory grounds, no: if you prove the ground, the court must grant possession. On discretionary grounds, yes: the court also has to be satisfied that eviction is reasonable.

Can I still do a no-fault eviction in Wales?

Yes, for now. Wales kept the no-fault route through a Section 173 notice, but it needs six months' notice, cannot be served in the first six months of the contract, and is only valid if your Rent Smart Wales registration, written statement, deposit protection and safety records are all in order.