If your landlord needs to evict a tenant, the legal processes can seem confusing – all the jargon, rules, notices, different courts and different applications – but don’t despair. This area is one where we excel. We handle these issues on behalf of landlords every day. Our simple, fixed-fee services will keep your landlords on the right side of the law and get back what’s rightfully theirs.
Here’s an explanation of the first step. We’ve kept it simple.
Following the introduction of the Renters’ Rights Act, Section 21 “no-fault” eviction notices have been abolished in England. Landlords must now use a Section 8 notice to seek possession of a residential property.
A Section 8 notice is a legal notice that a landlord can serve on a tenant to begin the process of ending a tenancy. It must be based on specific statutory grounds, such as rent arrears, breach of tenancy terms, or where the landlord intends to sell or move into the property.
You will typically need to use a Section 8 notice where:
Serving a Section 8 notice is the first step in the possession process. If the tenant does not leave after the notice period expires, the landlord must apply to the court for a possession order.
This step involves serving a formal notice on the tenant confirming that the landlord is seeking possession of the property.
There is now one primary route for residential tenancies in England:
We also assist with more complex situations, including:
If the tenant does not vacate the property after the notice period expires, the landlord can proceed to apply to the court for a possession order.
Section 21 “no-fault” eviction notices have been abolished in England following the introduction of the Renters’ Rights Act.
Previously, Section 21 allowed landlords to regain possession of a property without providing a reason, typically at the end of a fixed-term assured shorthold tenancy. This route is no longer available.
Landlords must now rely on the Section 8 possession process, which requires a valid statutory ground for eviction. These grounds include circumstances such as rent arrears, breaches of tenancy terms, or where the landlord intends to sell or move into the property.
As a result, all possession claims must now be evidence-based and justified, and cannot be made on a “no-fault” basis.
‘Serving’ your Section 8 Notice means formally delivering it to your tenant in a way that complies with legal requirements and the terms of the tenancy agreement.
There are several accepted methods of service, although the correct approach will depend on the tenancy agreement and the specific circumstances. If you are unsure, it is important to seek advice to ensure compliance.
Through a Legal Professional
You can instruct a legal expert, such as Legal for Landlords, to prepare and serve your Section 8 notice on your behalf. This helps ensure the notice is completed accurately, served correctly, and reduces the risk of it being challenged.
By Email
Service by email is only valid if the tenant has explicitly agreed to receive notices this way, usually within the tenancy agreement. Where permitted, the notice is generally deemed served on the day it is sent, provided it is sent within normal business hours; otherwise, it may be treated as served on the next working day.
In Person
You may deliver the notice by hand directly to the tenant at the property. It is advisable to keep clear evidence of service, such as a timestamped photograph or an independent witness.
Posting Through the Letterbox
The notice can be delivered by posting it through the tenant’s letterbox. As with personal service, you should retain evidence of delivery (e.g. timestamped photos).
By Post
You can send the notice by post, typically using First Class Mail and/or a tracked or recorded delivery service. Many practitioners use both methods to strengthen proof of service. The date of service will depend on postal rules and any provisions within the tenancy agreement.
In some cases, serving a Section 8 notice is enough to prompt a tenant to leave the property by the expiry of the notice period.
However, if the tenant does not vacate, you will need to proceed to the next stage of the possession process by applying to the court.
Step 1 (This Stage): Serving Notice
You serve a Section 8 notice on the tenant, setting out the legal grounds on which you are seeking possession and providing the required notice period.
Step 2: Applying to the Court for Possession
If the tenant remains in the property after the notice expires, you must apply to the court for a possession order. This involves submitting evidence to support your claim, and the case may be decided on the papers or at a court hearing, depending on the circumstances.
Step 3: Enforcement by Bailiff or Enforcement Officer
If the tenant still does not leave after a possession order is granted, you can apply for enforcement. This usually involves instructing County Court bailiffs or a High Court Enforcement Officer to lawfully remove the tenant and return possession of the property to you.
1. Trusted Legal Advice:
Our 4.9 rating on Trustpilot demonstrates our reliable experience in handling tenant evictions.
This experience means you can be sure that the Section 8 Notice is served following the correct legal requirements and procedures, so you’ll be much less likely to experience delays or legal challenges.
2. Fixed-Fee Services:
With our fixed-fee pricing for serving your notice, you’ll know precisely how much things will cost and receive no hidden surcharges.
3. Oversight of the Entire Process:
Beyond serving your Eviction Notices, we can support you through the entire process: court applications for possession orders and bailiff action.
If necessary, we can also help you with debt and rent recovery.
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Section 21 “no-fault” eviction notices have been abolished in England under the Renters’ Rights Act.
Previously, Section 21 allowed landlords to regain possession without giving a reason, typically with a minimum two-month notice period using Form 6A. This route is no longer available.
Landlords must now use the Section 8 possession process, which requires a valid legal ground for eviction- such as rent arrears, breach of tenancy terms, or where the landlord intends to sell or occupy the property.
A Section 8 notice can be deemed invalid if it is not completed or served correctly, or if the legal requirements for relying on the stated grounds are not met.
Common issues include:
Some requirements that were previously tied specifically to Section 21 (such as EPCs, gas safety certificates, and the “How to Rent” guide) now form part of broader compliance obligations. While they may not automatically invalidate a Section 8 notice in every case, failure to comply can still create legal risk and impact possession proceedings.
Section 21 “no-fault” evictions have now been abolished in England following the implementation of the Renters’ Rights Act. Landlords can no longer serve Section 21 notices to regain possession of a property.
No. Section 21 is no longer a valid route to possession. Any attempt to rely on a Section 21 notice after the implementation of the Act will not be legally enforceable.
Landlords must now use the Section 8 possession process, relying on specific statutory grounds.
Transitional provisions apply to notices served before the abolition took effect. Whether a Section 21 notice remains valid will depend on:
Landlords should seek advice if they are relying on a notice served prior to the legislative change.
Yes. The Renters’ Rights Act introduces expanded and revised Section 8 grounds, including:
All possession claims must now be based on these statutory grounds.
The abolition of Section 21 means:
In the short term, this may lead to:
In the longer term, the system is intended to provide:
From £250.80, we can help you regain possession of your property by delivering your notice in a safe, legal, and compliant way.
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