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Can My Landlord Evict Me?

Eviction Notice

I’ll go ahead and say probably not, out of the gates.

Although I could be wrong.

However, with the introduction of the Renters’ Rights Act on 1 May 2026 and its focus on improving tenant security for private residential tenants in England, the Act has ended the use of Section 21 “no-fault” evictions, which were previously used by the darker forces in the industry, to evict tenants for a wide range of unjust reasons.

With the removal of Section 21, many of the less justifiable routes to eviction have gone with it, which means there are a whole lot less evictions. Which is why I opened with probably not.

That said, landlords can still, where appropriate, seek possession under defined grounds through Section 8, which remains the primary legal route for eviction.

Does Your Landlord Have Grounds for Eviction?

Landlords can only evict tenants if they have valid legal grounds. These are set out under Section 8 and must fall within a defined list of reasons.

The grounds include breaches of tenancy terms (such as rent arrears, breach of contract, or antisocial behaviour), as well as certain no-fault grounds (for example, where the landlord intends to sell the property).

In other words, if a landlord can demonstrate that your situation falls within one of these grounds, they may have the right to pursue eviction. If none of the grounds apply, it is unlikely that they will have valid grounds for possession.

In addition, each ground carries its own notice period and procedural requirements. For example, where a landlord relies on a no-fault ground such as selling the property, they cannot usually require the tenant to leave within the first 12 months of a tenancy, and must provide at least four months’ notice. Where the eviction is based on a breach of tenancy, such as rent arrears, the tenant must typically have accrued 3 months of arrears before a notice can be issued.

Here is a list of the grounds for eviction and their associated notice periods.

There Are No Longer Fixed-Term Tenancies

The Renters’ Rights Act ended the use of fixed-term tenancies, replacing them with assured periodic tenancies (APT). This means most tenancies now operate as rolling agreements with no fixed end date.

In practical terms, that means landlords can no longer evict tenants simply because a fixed term has come to an end, even if a fixed end date was previously agreed.

For example, before the Renters’ Rights Act, it was common for a fixed-term tenancy agreement to specify an end date, often 12 months after the start of the tenancy. At or after that date, landlords could, in theory, seek possession. However, this is no longer permitted, and landlords cannot repossess a property on that basis alone.

As a result, the majority of tenancies can no longer end simply due to the expiry of a fixed term.

If a landlord wishes to evict a tenant, they must now rely on one of the specific grounds set out under Section 8. If none of those grounds apply, they will not be able to lawfully evict the tenant unless the tenant agrees to surrender the tenancy.

Being told to vacate at the end of a tenancy? That’s not a valid ground for eviction. There is no end date anymore!
Being evicted for complaining? That’s not a valid ground for eviction.

Can I Be Evicted for Refusing a Rent Increase?

Not for simply refusing, but you need to challenge it properly, otherwise you could end up falling into arrears, and be evicted on that ground.

Tenants have the right to challenge rent increases via the First-tier Tribunal if they believe they are unjust (for example, if they are above market rate), and landlords cannot evict tenants solely for doing so. I’ve gone into more detail on challenging rent increases, which covers landlords and tenants right on the issue.

I hope that helps!

Landlord out xo

9 Join the Conversation...

Guest Avatar
Adam (OpenRent) 4th May, 2012 @ 11:05

Thanks for bringing some clarity / sanity to the issue!

As is often the way, it seems a lot of problems in this area arise due to an information imbalance.

Either a tenant is panicked as they aren't sure of their rights and the appropriate response when they are served a notice - or a landlord doesn't know how or when they are allowed/supposed to take action either when something goes wrong or at the end of a tenancy. This leaves them exposed to falling foul of some regulation or deadline, or in a worse case being taken advantage of by someone more savvy or knowledgeable on the other side.

(And yes, we are trying to help address some of these problems with OpenRent..!)

1
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ramazama 6th May, 2012 @ 05:56

....... how long is a section 21 valid ,if the tenant dosnt leave , how long can the L.L. wait (after issue of the S 21), before activating the possesion order process ?

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stephanie 23rd March, 2014 @ 13:25

ok i came home to find a section 21 from my landlord just saying that he is kicking me out and wants me out by the 30th of may 2014 (2months). he has given me no reason why he is doing this. i moved in 6 months ago so the tenency agreement has just expired. i am on child tax credits, child benefits and income support at the moment. do i have to leave in 2 months or does he have to serve me with something else and give me a valid reason? i am up to date with my rent. i never paid him a deposit or anything. i just want to know my rights i really do not want to move again.

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mike 8th October, 2014 @ 10:31

Hi i am wondering what i can do with regards to my situation, here goes.

I have been renting for the last 25years and i have carryied out works to house. my landlord would like to sale the propety so he has suggested that i buy the property or move out. i dont have the money to buy it "1 million". but i have lived there a long time and i dont want to leave what can i do.

Regards

Mike Curran

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Anna-Mariea 12th July, 2015 @ 10:07

I moved into a shared house in may of this year and because of my depression I totally forgot about changing my address and I just let the days go by and now because the housing benefit is gonna take time he wants to kick us out but if he does that he won't get the 8 weeks back rent so everyone loses

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inez 12th May, 2016 @ 16:14

This has got to be the most lopsided law against renters I have ever heard. How can a landlord/agent hide behind "I don't have to give a reason" and serve a Section 21? We have been awesome tennants for three years, enhancing the property and replacing toilets seats, bathroom essentials etc. The neighbours have said that we are the best tenants in 12 years this property has see. But because we got a bit iffy battling through a very cold winter with a badly faulty 15yr old boiler.....sometimes no heat....we get a section 21!!!! How can a landlord expect to have decent tenants when you treat them like fodder? And yes, a Section 21 may as well be Eviction because if you don't leave you WILL be EVICTED!

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The Landlord Avatar
The Landlord 12th May, 2016 @ 21:55

@inez
So to clarify, you believe the law would be less lopsided if landlords weren't allowed to repossess their own property (despite the reason for doing so)?

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Anthon 19th September, 2017 @ 22:39

Been asking tenants to leave for two years. They are very lazy, dirty, smelly people with pets not housetrained. Cannot bear to set foot in house or garden. My property is getting worse and they actually want me to evict them so as to bump up the social housing housing. ladder. Any advise.

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Rach 25th February, 2018 @ 07:41

My partner moved in about 3 1/2 years ago but worked away so only at home 2/3 nights a week. Suffered two heart attacks end of summer last year and only just back at work full time after Christmas. The tenancy is in my name and rent has never been late and the house is well looked after. I asked to now add him to the tenancy, 150 and they do credit check etc except his address for last 3 years is this one. Would my landlord evict me for breaching my agreement and not asking permission before he moved in? Even though it was his address he worked away a lot?

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