Comparison · Property · 2026
Section 21 vs Section 8 Eviction 2026: Landlord Possession Routes
The Renters' Rights Act is abolishing the Section 21 "no-fault" eviction route, leaving landlords reliant on Section 8 grounds-based possession for all tenancies. This guide compares how the two processes have worked and what the change means for regaining possession of a rental property.
TL;DR -- 30-Second Summary
- • Section 21: historically no reason required, now being abolished
- • Section 8: requires a specific legal ground and supporting evidence
- • Renters' Rights Act: moves all tenancies to grounds-based possession only
- • Notice periods: vary by ground -- arrears/anti-social shorter, sale/move-in longer
- • Court involvement: required under both if tenant does not leave voluntarily
- • Landlord preparation: keep evidence ready to support whichever ground may be needed
Side-by-Side Comparison
| Feature | Section 21 (being abolished) | Section 8 |
|---|---|---|
| Reason required | No -- "no fault" | Yes -- specific statutory ground |
| Evidence needed | Procedural compliance only | Proof supporting the ground |
| Notice period | Fixed minimum period | Varies by ground |
| Tenant's ability to contest | Mostly procedural challenges | Can dispute the ground itself |
| Future availability | Being phased out under Renters' Rights Act | Becomes the only possession route |
The End of No-Fault Eviction
The Renters' Rights Act abolishes Section 21 notices entirely, moving tenancies onto a single, open-ended system with no fixed term to expire. Landlords will no longer be able to simply give notice at the end of a term without stating a reason -- every possession claim must now rely on one of the statutory grounds under the reformed Section 8-style process.
This is a significant shift for landlords who previously used Section 21 as a straightforward route to regain possession, for example to sell a property or move back in, since they must now specifically evidence the relevant ground and follow its notice period.
Preparing for a Grounds-Only System
Landlords planning to regain possession, whether to sell, move in a family member, or deal with rent arrears or anti-social behaviour, should keep clear, contemporaneous records that can support the relevant ground, since Section 8-style claims can face closer court scrutiny of the evidence than the largely procedural Section 21 process did.
It is also worth staying up to date with the transitional timetable for existing tenancies, since implementation has been staged and specific dates and rules have been refined as the reforms have progressed through 2025 and 2026.