Eviction rules in England and Wales have changed significantly over the past few years, and further reforms are expected under the Renters’ Rights Act 2025. At AFG Law, our Dispute Resolution team helps both landlords and tenants to understand their rights and responsibilities under these complex laws.
Whether you are a landlord seeking possession of your property or a tenant who has received an eviction notice, our dispute resolution team can assist.
Understanding your tenancy type
Most private residential lets are assured shorthold tenancies (ASTs). These may begin as fixed term tenancies, for example, 6 or 12 months, and may later become periodic tenancies when the tenant continues living in the property after the fixed term ends.
Your tenancy agreement sets out the terms of occupation, rent payments, and whether you have a tenancy or licence. The correct eviction process depends on the type of agreement and how rent is paid by week or month.
When the Renters’ Rights Act 2025 comes into force in May, ASTs and most fixed term tenancies will be replaced with open-ended periodic tenancies. This means tenants will no longer automatically transition from fixed-term to periodic; all new tenancies will be periodic from the start.
Section 21 notice – the “no-fault” route
Landlords who let under assured shorthold tenancies have traditionally been able to use a section 21 notice under the Housing Act 1988 to regain possession without giving a reason.
However, the rules are strict. The landlord must have:
- Protected any deposit in an authorised scheme.
- Provided the tenant with an EPC, gas safety certificate, and “How to Rent” guide.
- Used the correct form (Form 6A).
The notice period for most section 21 cases is two months’ notice. The amount of notice must be at least as long as the rental period if the rent is paid less frequently, for example, every three months.
Importantly, the Government has confirmed that section 21 will be abolished under the new Renters’ Rights Act 2025. When implemented, all new tenancies will become open-ended periodic tenancies, meaning landlords will have to rely on other legal grounds (such as those in section 8) to recover possession.
Section 8 notice – when a reason is required
A section 8 notice is used when a landlord seeks possession because the tenant has breached the tenancy terms. Common reasons include:
- Rent arrears.
- Damage to the property.
- Nuisance or anti-social behaviour.
- Breach of another clause in the tenancy agreement.
Each ground under section 8 has its own notice period. For rent arrears, this can be as little as 14 days (though this will increase under the new Act), while other grounds may require longer.
The notice must specify which grounds under Schedule 2 of the Housing Act 1988 the landlord relies upon. After the notice expires, the landlord can apply to court for a possession order.
Under the Renters’ Rights Act, section 8 will become the primary eviction route, with expanded and more clearly defined grounds for possession. New grounds, such as the landlord selling or moving into the property, will be added, replacing the role formerly filled by section 21.
From notice to possession order
Serving a notice (section 21 or section 8) does not automatically end a tenancy. If the tenant remains living in the property after the notice expires, the landlord must apply to the county court for a possession order.
Depending on the type of claim:
- Accelerated possession procedure – available for section 21 cases where there are no rent arrears or disputes.
- Standard possession procedure – used when rent arrears or other issues exist.
The court may issue the order without a court hearing in straightforward cases relying on section 21 (but not section 8). If the tenant defends the claim, the court will list a hearing before deciding whether to grant possession.
Once a possession order is granted, the court will specify the date by which the tenant must leave. If they still fail to vacate, the landlord can request a warrant for eviction by a county court bailiff or High Court Enforcement Officer.
With section 21 being abolished, the accelerated procedure is expected to be replaced or substantially reformed, and updated court processes will focus on the strengthened grounds-based eviction system.
Illegal evictions and tenant rights
Evicting a tenant without following the proper legal process is an illegal eviction. Landlords cannot change locks, remove belongings, or harass tenants into leaving without a possession order.
Such actions may result in criminal prosecution or civil claims for damages, depending on the nature of the tenant/lodger’s occupation
Tenants who believe they are being unlawfully evicted should seek legal support immediately or contact their local council’s housing enforcement team.
Furthermore, The Renters’ Rights Act will introduce stronger penalties and enforcement mechanisms against illegal evictions, supporting local authorities to take action more effectively.
Upcoming changes to rules on eviction- The Renters’ Rights Act
The Renters’ Rights Act 2025 represents one of the most significant reforms to housing law in England in decades. The Act aims to create a fairer, more balanced private rented sector by strengthening protections for tenants while maintaining clear rights for responsible landlords.
A key change under the Act is the abolition of Section 21 “no-fault” evictions, meaning landlords can no longer end a tenancy without providing a valid reason. Instead, landlords will need to rely on defined legal grounds for possession, such as rent arrears, antisocial behaviour, or the landlord’s intention to sell or move back into the property.
The Act also replaces most fixed term tenancies with open-ended tenancies, giving tenants greater flexibility and security. Rent increases are now limited to once per year and must be justified, while new rules ensure tenants can challenge excessive rises more easily. Additionally, the Act enhances tenants’ rights to keep pets, strengthens enforcement against rogue landlords, and introduces clearer procedures for resolving housing disputes.
Although the Renters’ Rights Act 2025 received Royal Assent in late 2025, many of its provisions will be introduced gradually over the next year. Landlords and tenants alike should stay informed about implementation dates and updated guidance to ensure compliance with the new legal framework.
How AFG Law can help
Rules on eviction are rapidly changing, and mistakes in notice or procedure can be costly. At AFG Law, our experienced Dispute Resolution solicitors deal with Landlord and Tenant disputes and provide expert legal guidance on all aspects of eviction proceedings and housing disputes.
If you would like advice regarding any of the above, please contact our Dispute Resolution Team on 01204 920102 or disputeresolution@afglaw.co.uk.