Tenant Eviction Solicitors in London
Section 21 ‘no-fault’ evictions ended on 1 May 2026 — we guide landlords through the new Section 8 process, from notice to possession order.
Section 21 “no-fault” eviction notices were abolished in England on 1 May 2026. Landlords who want to regain possession of a rented property must now serve a Section 8 notice under a specific statutory ground and, if the tenant does not leave, apply to the County Court for a possession order. Adam Bernard Solicitors’ tenant eviction solicitors in London help private landlords, property investors, and letting agents across Greater London serve valid notices, avoid the procedural errors that cause claims to fail, and recover possession as quickly as the law now allows.
Never attempt to remove a tenant without a court order — doing so is a criminal offence under the Protection from Eviction Act 1977, regardless of what your tenancy agreement says or how much rent is owed. If you are unsure which ground applies to your situation, call us on 0207 100 2525 before you serve anything.
What Changed for Landlords on 1 May 2026
Since 1 May 2026, Section 21 no longer exists. Every assured shorthold tenancy automatically became a rolling assured periodic tenancy on that date, fixed terms were abolished, and landlords now need a valid Section 8 ground to end any tenancy. GOV.UK — Guide to the Renters’ Rights Act
In practice, this means:
- There is no longer a “no-fault” route to possession. Every notice must cite one of the statutory grounds in Schedule 2 to the Housing Act 1988, as amended by the Renters’ Rights Act 2025.
- The accelerated, paper-only possession procedure that many landlords used with Section 21 is no longer available for these claims. Section 8 possession claims go through the standard County Court possession procedure, which can involve a hearing.
- Tenants can end a periodic tenancy at any time by giving two months’ written notice.
- Rent can only be increased once a year, using a formal notice, and tenants have a statutory right to challenge the increase at the First-tier Tribunal.
- A Private Rented Sector Database and a mandatory Landlord Ombudsman scheme are being phased in later in 2026 — landlords will be given advance notice of their registration deadline.
If any part of your tenancy pre-dates May 2026, the terms of your original agreement may still matter for rent, deposit, and repair obligations — but the eviction process itself is now governed entirely by the new rules, regardless of when the tenancy started.
Overview: Our Tenant Eviction Solicitors in London
A landlord can start possession proceedings where a statutory ground for possession applies — most commonly rent arrears, a landlord’s intention to sell or move in, or breach of the tenancy agreement. Through this process, landlords can lawfully reclaim their property and, where necessary, have a tenant removed by court-authorised enforcement.
Our tenant eviction solicitors in London regularly assist landlords across Greater London — including private landlords, property investors, and letting agents — with Section 8 notices, possession claims, and County Court proceedings, from a single rented flat to multi-property portfolios.
Landlord Legal Responsibilities Before Serving Notice
Landlord and tenant law changes frequently, and a possession claim can be delayed or struck out if statutory requirements were not met before the notice was served. Before any Section 8 notice goes out, we check that landlords hold and have provided:
- A copy of the relevant property licence, where the property is subject to HMO or selective licensing in the relevant London borough
- A valid Energy Performance Certificate (EPC)
- An up-to-date Electrical Installation Condition Report (EICR)
- The latest version of the government’s “How to Rent” guide
- A valid Gas Safety Certificate
- Deposit protection certificate and prescribed information, where a deposit has been taken, under the Tenancy Deposit Protection rules
Missing even one of these documents can invalidate a notice and delay possession by months. Our tenancy deposit protection solicitors can review deposit compliance separately if that is your main area of risk.
How to Evict a Tenant in London: The 2026 Process, Step by Step
Because Section 21 has gone, every eviction now follows the same basic route: identify the correct Section 8 ground, serve a compliant notice with the right notice period, and — if the tenant does not leave — apply to the County Court for a possession order.
- Review the tenancy record. We check the tenancy type, rent account, compliance documents, and any prior notices for defects.
- Identify the correct ground(s) for possession. More than one ground can often be cited together (for example, rent arrears alongside anti-social behaviour).
- Serve a valid Section 8 notice using the prescribed form, with the correct notice period for that ground (see the table below).
- Wait out the notice period. If the tenant leaves voluntarily, no court action is needed.
- Apply for a possession order at the County Court if the tenant remains after the notice expires.
- Attend any hearing. Discretionary grounds and defended claims are typically listed for a hearing; some mandatory grounds may be dealt with on the papers.
- Apply for a warrant of possession if the tenant still does not leave after the order — this instructs bailiffs or High Court enforcement officers to remove them.
Our possession claim solicitors manage every stage of this for landlords, keeping you updated on dates and next steps throughout.
Section 8 Notice: The Grounds for Possession Explained
A Section 8 notice must cite at least one statutory ground, and the notice period depends entirely on which ground applies — from as little as 2 weeks for some breaches to 4 months where a landlord wants to sell or move in.
| Ground | What it covers | Type | Notice period |
|---|---|---|---|
| Ground 1 | Landlord or a close family member wants to move in | Mandatory | 4 months (not in first 12 months of tenancy) |
| Ground 1A | Landlord intends to sell the property | Mandatory | 4 months (not in first 12 months of tenancy) |
| Ground 6 | Redevelopment or substantial works that cannot proceed with the tenant in situ | Mandatory | 4 months |
| Ground 7A | Serious anti-social behaviour or specified criminal conduct | Mandatory | As little as immediate, subject to court discretion on timing |
| Ground 8 | Rent arrears of at least 3 months (13 weeks if rent is weekly/fortnightly), at both notice and hearing | Mandatory | 4 weeks |
| Ground 10 | Some rent arrears (below the Ground 8 threshold) | Discretionary | 4 weeks |
| Ground 11 | Persistent late payment of rent | Discretionary | 4 weeks |
| Ground 12 | Breach of a term of the tenancy agreement (other than rent) | Discretionary | 2 weeks |
| Ground 14 | Anti-social behaviour or nuisance | Discretionary | Immediate |
Mandatory grounds mean the court must grant possession if the ground is proven; discretionary grounds mean the court decides whether it is reasonable to do so. Getting the ground, the evidence, and the notice period wrong is the single most common reason a possession claim is delayed or dismissed. GOV.UK — Guide to the Renters’ Rights Act
Rent Arrears: Grounds 8, 10 and 11
Ground 8 is the fastest mandatory route for rent arrears, but the tenant must still owe at least 3 months’ rent (13 weeks if paid weekly or fortnightly) on both the date the notice is served and the date of the court hearing — if the tenant pays enough to bring arrears below that threshold before the hearing, Ground 8 fails and the court cannot order possession on that ground alone. This is why we frequently cite Grounds 8, 10 and 11 together: if arrears fall just under the mandatory threshold by the hearing date, the discretionary grounds can still succeed.
Selling or Moving Back In: Grounds 1 and 1A
Landlords cannot use Ground 1 (moving in) or Ground 1A (selling) during the first 12 months of a tenancy, and must then give 4 months’ notice. This 12-month protected period applies from the start of the tenancy, not from 1 May 2026, so it already affects many tenancies that were running before the reform took effect. If you are planning to sell a tenanted property or move back in, we can confirm your earliest possible notice date and prepare the evidence the court will expect to see (such as a genuine intention to sell or occupy).
The Court Process: From Notice to Possession Order
An application for possession can be made once the relevant notice period has expired and the tenant has not left. Section 8 claims are generally dealt with under the standard County Court possession procedure — the paper-based accelerated procedure that applied to many Section 21 claims is not available here, so landlords should expect the possibility of a hearing, particularly on discretionary grounds or where the tenant files a defence.
If no defence is filed, our tenant eviction solicitors in London will give you a clear, fixed-fee cost proposal for the next steps. Where a defence is filed, we advise on the merits, the likely timeline, and the costs of contesting it.
Warrants of Possession and Bailiffs
If a tenant still refuses to leave after a possession order is granted, the landlord must apply for a warrant of possession before bailiffs can remove them — a landlord can never remove a tenant themselves, even with a court order in hand. County Court bailiffs and High Court enforcement officers can both execute a warrant; instructing High Court enforcement officers (via a transfer up under section 42 of the County Courts Act 1984) is often significantly faster where County Court bailiff diaries are backed up. Our solicitors can instruct enforcement on your behalf and keep you informed of the listed date.
Attempting to remove a tenant without a warrant — changing locks, cutting off utilities, or otherwise forcing them out — is an illegal eviction and a criminal offence under the Protection from Eviction Act 1977, regardless of how much rent is owed or how strong your case is. If a tenant brings an unlawful eviction claim against you, our harassment and illegal eviction solicitors can advise on your defence.
Common Eviction Mistakes That Delay or Defeat a Claim
Avoid the following when seeking possession:
- Trying to physically remove a tenant, or change the locks, without a warrant of possession
- Citing Ground 1 or 1A within the first 12 months of a tenancy
- Serving a Ground 8 notice where arrears will likely dip below 3 months by the hearing date, without also citing Grounds 10 and 11
- Failing to protect the deposit correctly, or not serving the prescribed information
- Using an incorrectly drafted or served notice, or the wrong notice period for the ground relied on
- Overlooking EPC, EICR, gas safety, or licensing requirements
We review your documents and tenancy history against this checklist before any notice is served, to reduce the risk of a claim being struck out or delayed by a tenant’s defence.
How Adam Bernard Solicitors Help Landlords with Evictions
Our tenant eviction solicitors provide end-to-end support for landlords seeking possession in London, including:
- Reviewing tenancy agreements, compliance documents, and rent accounts to identify the strongest available ground(s)
- Advising on and preparing Section 8 notices, with the correct ground and notice period
- Drafting, serving, and managing all statutory notices and supporting evidence
- Issuing and progressing possession claims through the County Court
- Handling all court correspondence and procedural requirements, and representing landlords at hearings where required
- Applying for warrants of possession and coordinating County Court bailiffs or High Court enforcement officers
- Advising on rent arrears recovery, guarantor claims, and cost-effective enforcement
- Identifying and mitigating the risk of a delayed, failed, or unlawful eviction claim
Why Landlords Choose Adam Bernard Solicitors
- Dedicated Landlord & Tenant solicitors in London, current on the Renters’ Rights Act reforms
- Proven experience across Greater London boroughs
- Fixed-fee eviction services with transparent pricing
- Fast, responsive communication and regular case updates
- Strong focus on legal compliance and risk prevention
- Court representation and bailiff/enforcement coordination
- Advice tailored to private landlords, investors, and letting agents
Frequently Asked Questions
Can I still serve a Section 21 notice?
How much notice do I need to give a tenant in 2026?
How long does it take to evict a tenant in London?
Do I need a solicitor to serve a Section 8 notice?
What happens if my tenant refuses to leave after the court grants possession?
Can I evict a tenant just because I want to sell the property?
What if my tenant is in rent arrears but pays some off before the hearing?
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