Can I still evict a tenant under the new rules?

A landlord asked me this week: "Now that Section 21 has been abolished, can I still evict a tenant?" It's the question we're hearing more than any other right now.

Yes. You can still evict a tenant. Section 21 is gone, but Section 8 remains. You need a valid legal reason, the right notice period, and the correct paperwork.

What's actually changed

Section 21, the no-fault eviction notice, was abolished on 1 May 2026. Every eviction now requires a Section 8 notice with a valid legal reason. If the tenant doesn't leave, you apply to court and prove your case to a judge. The most common grounds are still there: rent arrears, anti-social behaviour, wanting to sell, wanting to move back in. The process is just more formal, slower, and less forgiving of mistakes than it used to be. Notice periods for most grounds have also doubled to four weeks.

The mistake that could cost you everything

Under Section 8, getting the paperwork wrong doesn't just slow things down. A court can throw your entire case out and you start again from scratch, while your tenant continues living in the property rent-free. This is not a theoretical risk.

Every Section 8 notice must be served on the correct form, Form 3A, available from GOV.UK. The old Form 3 is now invalid. The notice must state the exact grounds, be signed correctly, and be served properly. One mistake and the court will dismiss the case entirely.

For rent arrears, the threshold has also changed. Tenants now need to be in at least three months of arrears, up from two, and the arrears must still be at that level at the court hearing date, not just when you serve the notice.

The best eviction is the one you never need

The landlords who'll struggle under the new rules are the ones who relied on Section 21 as a shortcut. The landlords who'll be fine are the ones who've always done things properly: thorough referencing before move-in, documented communication throughout, and compliance paperwork in order.

That's exactly how we manage every property at NGU Homes. If a situation ever does go wrong, we have everything a court needs already in place.

The bottom line

Yes, you can still evict a tenant, but the process now demands more care than ever. One wrong form or missed detail can send you back to square one. In years of managing North-East properties, the landlords who need to evict most often are the ones who cut corners at the start. Under the new rules, that's more true than ever.

That's exactly what we do at NGU Homes. If you'd like us to review your compliance and paperwork before it ever becomes a problem, get in touch.

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