Can my landlord evict me without a reason?

Since 1 May 2026, a landlord in England can’t end your tenancy just because they want to. Section 21 “no-fault” evictions have ended.¹ Your landlord has to:

have a legal reason, called a “ground for possession”,²
give you a section 8 notice on the official form (Form 3A)³ that says which ground they’re using,⁴ with the right amount of notice,⁵ and
if you don’t leave, apply to court and get a possession order.⁶

Your tenancy only ends when that order is carried out.⁷ If you still don’t leave, the landlord has to apply for a warrant or writ. Only a court bailiff or a High Court Enforcement Officer can then evict you, and you’ll usually get at least 14 days’ notice of the date.⁸

Common reasons and notice periods

Reason	Notice	Things to know
Your landlord or close family wants to move in	4 months⁹	Can’t be used in the first 12 months of your tenancy¹⁰
Your landlord wants to sell	4 months⁹	Can’t be used in the first 12 months of your tenancy¹⁰
Rent arrears	4 weeks¹¹	For the court to have to evict, you must owe at least 3 months’ rent (13 weeks’ if you pay weekly or fortnightly), both when the notice is served and at the hearing¹²
Antisocial behaviour	None	Your landlord can apply to court straight away, but the court can’t make an order until 14 days after the notice¹³

The first 12 months: your landlord can give you a moving-in or selling notice during your first year, but it can’t run out until the first 12 months are over.¹⁴

Rent arrears: rent you haven’t paid only because your Universal Credit housing payment hasn’t arrived yet doesn’t count.¹⁵ If you pay enough to get below the 3-month level by the hearing, the court can’t evict you on that ground. Your landlord can use other rent arrears grounds, but then the court only evicts you if it thinks that’s reasonable.¹⁶

For some grounds (1 to 8), the court must evict you if your landlord proves the ground. For the others (9 to 17), the court decides.¹⁷

If your landlord uses the moving-in or selling ground, they usually can’t let the property or advertise it to let from when they serve the notice until 12 months after the date the notice says they can go to court.¹⁸

Student houses: there’s a separate ground (ground 4A) for some shared student houses (HMOs). It only applies if all the tenants were full-time students, the landlord told you in writing before you signed that they might use it, and you signed no more than 6 months before you could move in. It needs 4 months’ notice, ending between 1 June and 30 September.¹⁹

If you get a notice

Don’t move out straight away. A notice is the start of a process, not an order to leave. If you stay after the notice runs out, your landlord has to go to court.⁶
Check it. Is it on Form 3A?³ Does it say which ground and why?⁴ Is the notice period long enough? Is your deposit protected? If you paid a deposit, the court can’t usually make a possession order unless it’s protected in a scheme or has been given back to you.²⁰ This doesn’t apply to the antisocial behaviour grounds.²¹
Get advice quickly. The Housing Loss Prevention Advice Service gives free legal advice as soon as you get a written notice.²² In Brighton & Hove, BHT Sussex (01273 645 455) gives free specialist advice on possession action.²³ Shelter and Citizens Advice can also help.²⁴
If it goes to court, you’ll be sent a defence form where you can say why your landlord shouldn’t get the property back. You have 14 days to return it.²⁵
On the day of a hearing, BHT Sussex runs a free duty adviser scheme at Brighton County Court. Arrive about 30 minutes early and ask at the court for the BHT Sussex Duty Adviser.²⁶
If you might become homeless, contact the council’s Housing Advice Team (01273 294 400) as soon as you get the notice, and before you agree to leave.²⁷

If they try to make you leave without a court order

Your landlord can’t remove you by force.²⁸ Changing the locks, evicting you without a court order, cutting off services like electricity, or threatening you can be harassment or illegal eviction.²⁹ These are criminal offences,³⁰ with a prison sentence of up to 2 years.³¹ The council can also prosecute your landlord or fine them up to £40,000.³²

If there’s violence or threats, or someone is trying to remove you or your belongings without a court order or a court bailiff, contact the police.³³ Call 999 if it’s happening now.
Then contact the council. Brighton & Hove City Council asks people to report unlawful eviction or harassment to its Housing Advice Team.³⁴ Their contact details are on the help page.
You may have the right to be let back in, to compensation, or to a rent repayment order.³⁵ Get advice about these.

Notices from before May 2026

Unless your landlord had already applied to court, it’s now too late for them to use a section 21 or section 8 notice they gave you before 1 May 2026.³⁶ They had until 31 July 2026 to apply, or until the notice ran out, if that was sooner.³⁷ There’s an exception for section 8 notices if you were in a debt “breathing space”.³⁸

If your landlord did apply to court in time, get advice on whether the notice was valid.³⁹

References

Assured tenancy forms. Ministry of Housing, Communities and Local Government, updated 1 May 2026. On 1 May 2026, the Renters’ Right Act 2025 abolished assured shorthold tenancies and ended Section 21 ‘no fault’ evictions in the private rented sector in England. Housing Act 1988, s. 21, annotation F1: Pt. 1 Ch. 2 omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025. Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026, reg. 2: come into force on 1st May 2026 for the purposes of assured tenancies that are not social housing assured tenancies. ↩
Assured periodic tenancies: a guide for tenants, “If your landlord wants to end your tenancy”. GOV.UK. Your landlord can only end your tenancy if they have a valid reason. These reasons are known as ‘grounds for possession’. ↩
Notices of possession served from 1 May 2026: a guide for tenants. Ministry of Housing, Communities and Local Government, 7 April 2026. This is called a section 8 notice and should have been given to you using Form 3A. ↩ ↩²
Housing Act 1988, s. 8(2). The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section ↩ ↩²
Assured periodic tenancies: a guide for tenants, If your landlord wants to end your tenancy. Landlords must give at least the minimum notice for the grounds they’re using. This is usually at least 2 months, but can be up to 4 months. ↩
Notices of possession served from 1 May 2026, The possession process and Stage 1. They cannot take back possession without a court order. If you stay in your home after the notice period expires, the landlord will need to go to court to get a possession order. ↩ ↩²
Housing Act 1988, s. 5(1) and (1A). An assured tenancy cannot be brought to an end by the landlord except by— (a)obtaining— (i)an order of the court for possession of the dwelling-house under section 7 … the execution of the order … Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed. ↩
Notices of possession served from 1 May 2026, Stage 5: Warrants and bailiffs. The landlord can apply for a warrant or writ for possession if you: stay in the property after the date specified in an outright possession order … Warrants and writs of possession are documents which allow a bailiff or High Court Enforcement Officer to: enter your home evict you from the property … You will usually be given at least 14 days’ notice of the eviction date. ↩
Housing Act 1988, s. 8(4AA), table. 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B … four months beginning with the date of service of the notice. Ground 1 is the moving-in ground and Ground 1A the selling ground: Grounds for possession: guidance for landlords and letting agents. Ministry of Housing, Communities and Local Government, updated 1 May 2026. Ground 1 - occupation by landlord or family; Ground 1A - sale of dwelling house. ↩ ↩²
Housing Act 1988, Sch. 2, Grounds 1 and 1A. Ground 1: The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home. Ground 1A: the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house … the current tenancy began at least 1 year before the relevant date, or. Private renting for tenants: evictions in England. GOV.UK. Your landlord cannot evict you to move in or sell the property within the first 12 months of your tenancy. ↩ ↩²
Housing Act 1988, s. 8(4AA), table. 5E, 5F, 5G, 8, 10, 11, 18 … four weeks beginning with the date of service of the notice. Grounds 8, 10 and 11 are the rent arrears grounds: Grounds for possession, Grounds 8, 10 and 11. Ground 8 - rent arrears; Ground 10 - any rent arrears; Ground 11 - persistent arrears. ↩
Housing Act 1988, Sch. 2, Part I and Ground 8. Grounds on which Court must order possession … Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing. Grounds for possession, Ground 8. You can use this ground to evict your tenant if they owe you at least 3 months’ rent, if they pay rent monthly or at least 13 weeks’ rent, if the rent is paid weekly or fortnightly. ↩
Grounds for possession, Ground 14 notice period. You do not need to give your tenant a notice period as you can apply to the court straight away for a possession order to evict your tenant. However, the court will not be able to make a possession order for 14 days from the date you gave notice. Housing Act 1988, s. 8(4), for Grounds 7A and 14: shall not be earlier than the date of the service of the notice. ↩
Grounds for possession, Ground 1 notice period. You can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 months has ended. Notices of possession served from 1 May 2026, Additional rules for individual possession grounds. However, they can give you a notice telling you that they intend to use one of these grounds before the 12 months has passed. ↩
Housing Act 1988, Sch. 2, Ground 8. if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored. ↩
Grounds for possession, Grounds 8 and 10. Your tenant cannot be evicted under this ground if they pay off what they owe or owe less than the amounts above by the time you get to court. If your tenant owes you rent, you can try and evict them before they owe you 3 months’ rent. However, you will only get a possession order to evict them if the court believes it is reasonable. ↩
Notices of possession served from 1 May 2026, Mandatory and discretionary grounds. mandatory grounds (1 to 8): The court must grant possession if the grounds are proven discretionary grounds (9 to 17): The court can decide whether to grant possession, even if the grounds are proven ↩
Housing Act 1988, s. 16E(2) and (3). Subject to section 16F, where a relevant person relies on Ground 1 or 1A in Schedule 2 in relation to an assured tenancy, the landlord must not, within the restricted period— (a)let the dwelling-house on a tenancy for a term of 21 years or less … within the restricted period, market the dwelling-house to let on a tenancy for a term of 21 years or less. Housing Act 1988, s. 16M(4)(a). beginning with the date on which the notice or purported notice is served, and (ii)ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin ↩
Assured periodic tenancies: a guide for tenants, If you’re a university student. all the tenants were full time students when they signed the tenancy, or expected to become students during the tenancy … the property is a house in multiple occupation (HMO) or is part of a HMO you received written notice that you may be evicted under ground 4A before you signed the tenancy you were given 4 months’ notice of intention to evict - the notice period must end between 1 June and 30 September. Housing Act 1988, Sch. 2, Ground 4A(d): the time from signing to the day you could move in is six months or less. ↩
Housing Act 2004, s. 215(1) and (5)(a). Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme. … the tenancy deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant ↩
Housing Act 2004, s. 215(4). Subsections (1) to (3) do not apply in relation to an order for possession made on Ground 7A or 14 in Schedule 2 to the Housing Act 1988. Notices of possession served from 1 May 2026, Deposit rules. Your landlord can still get an order to evict you if they originally gave you notice using the ground(s) for antisocial behaviour. ↩
Notices of possession served from 1 May 2026, Stage 1. You can access free legal advice through the Housing Loss Prevention Advice Service as soon as you receive a written notice of possession ↩
Brighton Advice Service. BHT Sussex. BHT Sussex Brighton specialist housing advice team are able to provide free and confidential advice to people on possession action Telephone: 01273 645455 ↩
Notices of possession served from 1 May 2026, Annex A: further advice and support. The housing charity Shelter and Citizens Advice can also help with housing issues. ↩
Notices of possession served from 1 May 2026, The defence form and counterclaims. You can explain on the form why you believe the landlord should not be able to take back possession of the property … You have 14 days to return the form. ↩
The In Court Duty Scheme. BHT Sussex. A specialist Housing Adviser from BHT Sussex attends the County Court in Brighton when possession cases are being heard. you need to arrive at court about 30 minutes before your hearing is listed. When you arrive, ask at the court for the BHT Sussex Duty Adviser. ↩
Notices of possession served from 1 May 2026, Annex A: Contact your local council. You can also ask your local council for help as soon as you get a notice seeking possession. If there is a risk you will become homeless, you should contact your local council homelessness prevention team for advice and assistance before agreeing to leave the property. Housing options advice and information. Brighton & Hove City Council. Contact the Housing options advice service to get help to prevent homelessness and look at alternative forms of accommodation. 01273 294 400 ↩
Assured periodic tenancies: a guide for tenants, If you do not leave the property. Your landlord cannot remove you by force. ↩
Private renting for tenants: evictions in England, “Harassment and illegal evictions”. GOV.UK. Harassment can include: stopping services, like electricity … threats and physical violence threatening to change the locks … Your landlord may be guilty of illegal eviction if you: … find the locks have been changed are evicted without a court order ↩
Protection from Eviction Act 1977, s. 1(2) and (3A). If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence … he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or … he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence ↩
Protection from Eviction Act 1977, s. 1(4)(b). on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both. ↩
Private renting for tenants: evictions in England, Harassment and illegal evictions. Local councils can prosecute landlords or give a fine of up to £40,000 if they harass or illegally evict someone. ↩
Private renting for tenants: evictions in England, Harassment and illegal evictions. Contact the police if physical violence or threats are involved or if someone is trying to remove you or your belongings from the property without either a: court order court appointed bailiff ↩
The Renters’ Rights Act. Brighton & Hove City Council. for unlawful eviction or harassment, contact our Housing Advice Team ↩
Private renting for tenants: evictions in England, Harassment and illegal evictions. You may have the right to be let back into your home, claim compensation, or apply for a rent repayment order. ↩
Notices of possession served before 1 May 2026: a guide for tenants. Ministry of Housing, Communities and Local Government, updated 1 August 2026. If your landlord gave you a section 21 notice before 1 May 2026, it is too late for them to use it to apply to court for a possession order if they have not done so already. If your landlord gave you a section 8 notice before 1 May 2026, it is too late for them to use it to apply to court for a possession order if they have not done so already. ↩
Notices of possession served before 1 May 2026, section 21 notices. Your landlord had until 31 July 2026 or until the possession notice served before 1 May 2026 expired, if that was earlier, to apply to court. ↩
Notices of possession served before 1 May 2026, section 8 notices. If you are or were in a breathing space, your landlord may be able to apply to court for a possession order on or after 1 August 2026 using a section 8 notice that they gave to you before 1 May 2026. ↩
Notices of possession served before 1 May 2026, section 21 notices. If your landlord applied to court on or before 31 July 2026, you can check if the notice they gave you was valid ↩