The End of 'No-Fault' Evictions: A Simple Guide to the May 2026 Rules for Landlords

From 1 May 2026, the way landlords in England regain possession of their properties is changing. Section 21 "no-fault" evictions are being abolished under the Renters' Rights Act, and a new framework is taking its place.

If you're a landlord, this might sound a bit daunting. But don't worry: it's not as complicated as the headlines make it seem. This guide breaks down what's actually changing, which grounds for possession you need to know about, and how to make sure you're on the right side of the new rules.

What Are 'No-Fault' Evictions and Why Are They Ending?

Until now, landlords in England have been able to use something called a Section 21 notice to end a tenancy. The key feature of Section 21 was that you didn't need to give a reason: hence the name "no-fault" eviction. You simply served the notice, gave the required notice period, and that was that.

The government has decided this isn't fair to tenants. From 1 May 2026, Section 21 notices will no longer be valid. If you serve one after 30 April 2026, it won't just be ignored: you could face civil penalties of up to £7,000.

So what replaces it? The answer is an expanded and updated set of Section 8 grounds. These are specific, legally defined reasons for ending a tenancy. You'll need to prove your reason is genuine, and different grounds come with different notice periods and requirements.

The New Framework: Section 8 Grounds Explained Simply

Under the new rules, you can only regain possession of your property if you have a valid reason recognised by law. These reasons are called "grounds" and they fall into two categories:

Mandatory grounds mean the court must grant possession if you prove your case. There's no discretion involved: if the ground is established, you get your property back.

Discretionary grounds mean the court will consider whether it's reasonable to grant possession, even if you prove your case. These are a bit less predictable.

For most landlords, the grounds you'll care about most are the mandatory ones. Let's look at the three that come up most often.

Ground 1: You Want to Move Into the Property Yourself

This ground applies when you, as the landlord, want to live in the property as your main home. It also covers situations where a close family member needs to move in.

Notice period: 4 months

Key requirement: You must have informed the tenant in writing at the start of the tenancy that you might use this ground in the future. If you didn't include this notice when the tenancy began, you may not be able to rely on it later.

This ground is mandatory, so if you can prove your intention to move in is genuine, the court will grant possession.

Ground 1A: You Want to Sell the Property

This is a new ground introduced under the Renters' Rights Act, and it's one many landlords have been waiting for. It allows you to regain possession if you genuinely intend to sell the property with vacant possession.

Notice period: 4 months

Key requirements:

• You must be able to demonstrate a genuine intention to sell
• You cannot market the property for rent for 12 months from when you served the notice
• You'll need evidence to back up your claim: such as correspondence with estate agents or solicitors

This ground is designed to prevent landlords from using "selling" as an excuse to simply remove a tenant they don't want. The 12-month restriction on re-letting is there to keep everyone honest.

Ground 8: Serious Rent Arrears

Ground 8 is the one landlords rely on when a tenant has fallen significantly behind on rent. It's a mandatory ground, which means the court must grant possession if the arrears threshold is met.

Notice period: 4 weeks

Key requirements:

• At the time you serve the notice, the tenant must owe at least 2 months' rent (for monthly tenancies) or 8 weeks' rent (for weekly tenancies)
• At the time of the court hearing, the tenant must still owe at least 2 months' or 8 weeks' rent

This is an important distinction. If the tenant pays down the arrears before the hearing so they owe less than the threshold, the mandatory ground falls away. You might still be able to pursue possession under a discretionary ground, but there's no guarantee.

Other Grounds Worth Knowing About

While the three grounds above cover most situations, there are others you might encounter:

• Anti-social behaviour: If a tenant is causing serious nuisance or engaging in criminal activity, there are grounds that allow for faster possession proceedings
• Property damage: If a tenant has damaged the property or allowed it to deteriorate, you may have grounds for possession
• False information: If the tenant obtained the tenancy by providing false information, this can be grounds for possession

Each of these comes with its own notice periods and evidence requirements. If you find yourself in one of these situations, it's worth getting advice specific to your circumstances.

The Golden Rule: Your Deposit Must Be Protected

Here's something that catches out a surprising number of landlords: none of these grounds will work if you haven't properly protected the tenant's deposit.

Under existing rules (which remain in force), any deposit you take must be protected in a government-approved tenancy deposit scheme within 30 days. You must also provide the tenant with the prescribed information about where their deposit is held.

If you haven't done this correctly, the court cannot grant possession under Section 8 grounds. Full stop. It doesn't matter how valid your reason is or how much evidence you have: unprotected deposits block the entire process.

Before you even think about serving notice, check that your deposit protection is in order and that you have documentation to prove it.

Penalties for Getting It Wrong

The new framework comes with real enforcement teeth. Local authorities will have strengthened powers to investigate and penalise landlords who don't follow the rules.

What you could face:

• Civil penalties of up to £7,000 for a single breach
• Fines of up to £40,000 for repeated or serious offences
• Rent repayment orders requiring you to reimburse tenants

Serving an invalid Section 21 notice after 30 April 2026 is a breach. Using a possession ground dishonestly is a breach. Failing to protect deposits properly is a breach. The message from the government is clear: follow the rules or face the consequences.

What You Should Do Now

If you're a landlord with tenants in place, here's a simple checklist to help you prepare:

1. Review your tenancy agreements – Check whether you included the required notices about potential grounds for possession (particularly Ground 1)
2. Confirm deposit protection – Make sure every deposit is protected and you have the documentation to prove it
3. Familiarise yourself with the grounds – Know which ones are mandatory and which are discretionary
4. Gather documentation – If you think you might need to regain possession in future, start keeping records that support your case
5. Consider your options before May – If you're thinking of selling or moving in, you have until 30 April 2026 to serve a Section 21 notice under the old rules

Any Section 21 notice served before 1 May 2026 must have possession claims started by 31 July 2026 to proceed through the courts. After that deadline, the old notices become worthless.

How PE Homes Can Help

At PE Homes, we help landlords let their properties for a fixed fee of just £500. No percentage cuts, no hidden charges, and no high-street overheads driving up your costs.

We know these new rules might feel like a lot to take in. That's why we're here to help make the transition as straightforward and affordable as possible. Whether you're letting a property for the first time or managing an existing tenancy, our team can guide you through the process and make sure you're set up correctly from day one.

The rental market is changing, but with the right support, there's no reason it has to be stressful. If you have questions about the new possession grounds or want to chat about letting your property, get in touch with us( we're always happy to help.)