What Landlords Need To Know About Evictions: England & Wales

Evictions are something no landlord wants to deal with. But sometimes they’re necessary, such as when a tenant falls behind on rent, causes serious damage to the property or breaks the tenancy agreement.  

If you find yourself in a situation where you want to evict a tenant, it’s important to know that renters are protected by law. In other words, eviction isn’t something you can just push through without following the correct process. Tenants are granted certain protections from eviction and not following process is a surefire way to face legal consequences. 

With the long-discussed abolition of Section 21 “no-fault” evictions likely to come into force in late 2025 (via the Renters' Rights Bill), understanding the current eviction process is more important than ever. Getting to grips with the nuances of these laws and processes will help you protect your rental business as the landscape changes. 

Keep scrolling if you want to understand how these evictions work right now for landlords in England and Wales, what’s likely to change, and how you can stay compliant.

Eviction notices

In England and Wales, there are two ways of evicting a tenant on an Assured Shorthold Tenancy. One is through the use of a Section 21 Notice and the other is through the use of a Section 8 Notice.

Section 21 Notice(Currently In Place But On Its Way Out)

A Section 21 Notice is also known as a “no-fault” eviction notice because the landlord does not necessarily need a reason to evict the tenant or the tenant does not need to be at fault to get evicted. However, there are strict rules on how and when this notice can be served.

Be aware that:

• You can’t serve a Section 21 notice within the first four months of a tenancy.
• You need to give tenants at least two months’ notice.
• You need to use the correct form and this differs depending on where the property is located.
  
  • Section 21 (Form 6A) Notice if the property is in England
  • Section 21 Notice for Wales if the property is located in Wales

If you’re in Wales, there is a separate Section 21 notice, and new tenancy rules under the Renting Homes (Wales) Act 2022, so the process differs slightly. 

As of early 2025, the government has confirmed plans to abolish Section 21 in England. This is part of the Renters' Rights Bill, which will likely take effect as soon as late 2025. Once this happens, landlords will no longer be able to use no-fault grounds and will need to rely on other routes (like Section 8).

For landlords, this means there will be no more recourse for “no-fault” eviction. Landlords will therefore need to use Section 8 and provide a valid reason to evict (more info in the next section). 

With this revamp, there will also be strengthened grounds for possession (including for selling the property or moving in yourself). The government has promised reforms to court processes to speed up possession cases too but many landlords remain sceptical about how fast this will actually happen.

If you do need to issue a section 21, make sure you’ve done the following:

• Protected the deposit in a government scheme
• Provided a Gas Safety Certificate
• Shared a valid EPC with your tenants
• Provided tenants with the latest How to Rent guide. 

If you miss any of these steps, your notice could be invalid.

If staying on top of these administrative duties all sounds like a bit much, you may want to streamline this workflow. You can stay organised with Landlord Studio’s document storage and compliance reminders. Keep EPCs, gas safety certificates, deposit info, and tenancy agreements all in one place, and set reminders so nothing slips through the cracks.

For more information, you can read:

– Repossessing property – Section 21 notices if the property is in England

– Repossessing property in Wales if the property is in Wales

Section 8 Notice (Grounds-Based Eviction)

A Section 8 Notice is your other option, but unlike Section 21, you need a valid reason (called “grounds for possession”) to use it. If you can’t rely on Section 21, or you’re dealing with a situation where the tenant has clearly broken the rules, then Section 8 is the route you’ll need to take.

Common grounds under Section 8 include:

• Ground 8: Serious rent arrears (at least two months if rent is paid monthly).
  
• Ground 10: Rent is unpaid at the time of serving the notice and at the time of the court hearing.
  
• Ground 11: Persistent late payment of rent, even if the tenant has since cleared the arrears.
  
• Anti-social behaviour, property damage, or breach of tenancy terms.

The notice period will vary depending on which grounds you’re filing the notice on, but for Ground 8 rent arrears, it’s typically at least 14 days’ notice.

You’ll need to serve the notice by hand or by post. If you do the latter, make sure to pay for recorded delivery to cover yourself in the event that the tenant claims they didn’t receive a notice.   

If your ground 8 notice is successful, the court must make a possession order in 14 days without the need for the landlord to show the court that it would be reasonable for the tenant/s to lose their home. However, it must be satisfied that when the notice is served and at the time of hearing there are relevant amounts of rent outstanding:

The following are examples of the most common grounds used for possession of property:

• at least eight weeks of arrears, where rent is payable weekly or every two weeks;
• at least two months of arrears, where rent is payable monthly;
• more than three months in arrears, where the rent is payable every three months;
• more than three months in arrears, where the rent is payable yearly.

For more information on Section 8 Notices, try this guide.

What’s Changing in 2025? (The End of Section 21)

The government has confirmed that Section 21 evictions will be scrapped as part of the Renters’ Rights Bill, expected to be in place by the end of 2025.

Here’s what this means for landlords:

• No more “no-fault” evictions.
• Landlords will need to use Section 8 and provide a valid reason to evict.

New, strengthened grounds for possession (including for selling the property or moving in yourself).The government has promised reforms to court processes to speed up possession cases—but many landlords remain sceptical about how fast this will actually happen.

What If The Tenant Doesn’t Leave After Being Served Notice? 

If the tenant refuses to leave after being served with a valid eviction notice, then it may be necessary to apply to the court for an eviction order. 

You can only forcibly evict the tenant through the use of a court possession order and potentially with the use of court-appointed bailiffs.

When serving a section 21 notice, the landlord or landlord’s agent must keep records and all evidence that they have complied with the requirements to serve a section 21 notice. 

It’s recommended to use a checklist to ensure that all the requirements have been met and ensure that there is a way to confirm receipt of all the relevant documents and prescribed information on the tenant.

Should I Be Reviewing My Tenancy Agreements Now?

Yes, absolutely. Don’t panic, but with Section 21 on the way out, you’ll want to review all of your tenancy agreements to make sure they are clear in how they outline tenant obligations, and that they also cover scenarios like rent arrears or property damage

When redrafting these agreements, make sure to include proper notice periods and break clauses (if appropriate).

The Importance Of Proactivity When Dealing With Evictions in ENgland and Wales

Evictions are not a part of the job landlords tend to enjoy, but knowing the rules (and keeping ahead of the changes) helps protect your business and keeps things on the right side of the law.

With Section 21 soon to be history, landlords will need to tighten up their processes and lean more on thorough comms, clear tenancy agreements, and strong record-keeping.

If you’re looking for a smarter way to stay compliant and keep your rental business organised, try Landlord Studio. From rent tracking to safety certificate reminders and document storage, it’s everything you need to stay on top of your landlord responsibilities, without any unnecessary hassle or stress.

Additional Resources

• Rocket Lawyer’s Tenant Eviction Service: From £160+VAT this service includes everything from sending eviction notices to preparing and issuing court proceedings and filing paperwork at the courts.
• Landlord Responsibilities and Legal Obligations: The Checklist
• Free Documents and Templates For UK Landlords
• A Landlord's Guide To Making Tax Digital