The Landlord Eviction Process: What Landlords Need to Know in 2026

For landlords and letting agents, this represents a shift in how possession claims are approached and managed. Understanding the process is now more important than ever.

The end of Section 21 for new possession action

Section 21 has traditionally allowed landlords to regain possession without proving fault on the part of the tenant, provided the correct procedure was followed. The planned changes mean that landlords will no longer be able to rely on this route for new possession proceedings.

Instead, possession claims will generally need to be based on statutory grounds, such as rent arrears, breach of tenancy, anti-social behaviour, or other recognised reasons for seeking possession.

This change will require landlords to place even greater emphasis on documentation, compliance and the correct legal process.

Possession claims will almost always be based on Section 8 grounds

With Section 21 no longer available for new claims, Section 8 of the Housing Act 1988 will become the primary route for possession. This requires landlords to establish a specific legal ground.

Common examples include:

• Rent arrears
• Persistent late payment of rent
• Breach of tenancy conditions
• Anti-social behaviour
• The landlord needing to sell or move back into the property

Each ground has its own legal requirements, notice periods and evidential thresholds. In practice, this means the strength of a possession claim will often depend on the quality of the evidence available.

Documentation and compliance will become more important

Where possession claims rely on legal grounds, landlords should expect greater scrutiny of the underlying documentation.

This can include:

• Tenancy agreements
• Rent schedules and payment records
• Written communication with tenants
• Records of complaints or incidents
• Compliance with deposit protection and prescribed information requirements

If these elements are not handled correctly, possession proceedings can become more complicated or delayed.

The process is not simply about serving notice

A common misunderstanding is that serving notice automatically results in the tenant leaving the property. In reality, if a tenant does not leave voluntarily, the landlord must apply to the court for a possession order.

The process typically involves:

1. Serving the correct legal notice
2. Allowing the notice period to expire
3. Issuing possession proceedings in court
4. Attending a possession hearing if required
5. Enforcing the order if the tenant still does not leave

Errors in the notice or the underlying process can lead to delays, adjournments or dismissed claims.

Early advice can prevent costly delays

In many cases, the legal issue is not the possession claim itself but the steps taken before the claim is issued. Serving the wrong notice, relying on the wrong ground, or failing to keep clear records can significantly slow down the process.

With the removal of Section 21 for new possession action, landlords will need to approach possession claims more carefully than before and understanding the correct route early on can help avoid unnecessary delay and cost.

What this means for landlords

The eviction process in 2026 is likely to look different from what many landlords have been used to in recent years. Possession claims will increasingly rely on clear legal grounds, evidence and compliance with the correct process and for landlords, preparation and good documentation will become more important than ever.

If you are dealing with rent arrears, tenancy breaches or other issues that may lead to possession proceedings, early legal advice can help you understand the available options and the most appropriate route.

If you require any help, please contact Sarah Savage: sarahsavage@bexleybeaumont.com  |  07825 554148