Section 21 vs Section 8: How to Evict a Tenant in 2026

If you're searching for how to evict a tenant in 2026, or the difference between a Section 21 and a Section 8 notice, here's the short answer: as of 1 May 2026, there isn't one to weigh up anymore. Section 21 has been abolished, and Section 8 is now the only route landlords have to regain possession of a rented property in England.

Here's a quick breakdown of what each notice was, what's changed, and what it means for landlords in Gloucester, Cheltenham, Stroud and Worcester today.

Since 1 May 2026, every assured shorthold tenancy has automatically converted into an open-ended periodic tenancy, and fixed terms have effectively ended. Landlords can no longer serve new Section 21 notices at all.

If you served a valid Section 21 notice before that date and the tenant hasn't left, there was a hard deadline to start court proceedings by 31 July 2026. That window has now closed, so any pre-commencement Section 21 notice is unenforceable.

For the full detail on what changed and what landlords needed to do, see our guide: Section 21 Abolition: What Landlords Need to Do Now.

Identify a valid Section 8 ground – such as rent arrears, breach of tenancy, or a landlord needing to sell or move in.

Serve a Section 8 notice on Form 3A – with clear evidence supporting the ground(s) you're relying on.

Wait out the notice period – this varies depending on the ground used. So double-check the current minimum for your situation.

Apply to court for a possession order – if the tenant hasn't left by the end of the notice period.

Apply for a warrant for possession – as a last resort, if the tenant still doesn't leave after a court order. Bailiffs then carry out the eviction.

Each step has strict rules around timing, evidence and paperwork, so it's worth getting advice before serving notice. A mistake at this stage can mean starting the whole process again.

To regain possession today, landlords must rely on a Section 8 ground — with a valid, evidenced reason — using the correct, current version of Form 3A.  Gov.uk also provides a Form 3A Guidance for Landlords document.

Grounds include things like the landlord or a family member needing to move in, selling the property, rent arrears, or other breaches of tenancy, and each comes with its own notice period and evidence requirements.

Because there's no more "no reason needed" option, good record-keeping matters more than ever — dated evidence of arrears, breaches, or your grounds for possession will be essential if a case goes to court.

Landlords will need to pay court application fees and, where required, bailiff enforcement fees. If they do not have legal expenses, insurance or a suitable legal cover policy in place, they may also need to instruct a solicitor to assist with the possession process, which can result in even more additional costs.

This change didn't arrive on its own. It's part of the wider Renters' Rights Act, which also covers rent increase limits, tenant pet requests, and a ban on discriminating against tenants with children or on benefits. You can track all of the ongoing changes on our Renters' Rights Act page, and see what's expected next in our look at Phase 2 of the Renters' Rights Act.

Our lettings team keeps on top of every legislative change so you don't have to — see our Packages & Fees to find out how we can help.