- Where it applies
- England (Wales, Scotland and Northern Ireland differ)
- Section 21
- Abolished from 1 May 2026
- Ground 8
- Three months’ arrears at notice and hearing; four weeks’ notice
- Priority debt
- Yes: you risk losing your home
On this page
What changed on 1 May 2026
The Renters’ Rights Act 2025 took effect in England on 1 May 2026. Section 21 “no fault” evictions were abolished, and most private tenancies became periodic with no fixed end date. A landlord now has to use one of the grounds under section 8 of the Housing Act 1988 to get possession, and has to prove it in court.
How rent arrears grounds work
- Ground 8 (mandatory): if you owe at least three months’ rent (13 weeks for weekly or fortnightly rent) both when the notice is served and at the court hearing, the court must order possession. The notice period is four weeks.
- Grounds 10 and 11 (discretionary): the landlord can use these for smaller arrears or persistent late payment, but the court decides whether it is reasonable to order possession.
Paying arrears down below the Ground 8 threshold before the hearing can stop the mandatory ground, but the landlord may still rely on the discretionary grounds. Get advice immediately if you receive a notice.
Talk to a free adviser first
An adviser can look at your whole budget, deal with creditors for you and explain which option suits you. Get free debt advice.
The process
- The landlord contacts you about arrears.
- The landlord serves a section 8 notice setting out the ground.
- If arrears are not cleared, the landlord applies to the county court.
- The court holds a hearing and may make a possession order.
- Only a court bailiff or High Court enforcement officer can carry out an eviction. A landlord cannot evict you without a court order.
What to do
- Contact your landlord early and explain. Offer a realistic payment plan.
- Check your housing benefit or Universal Credit housing element is correct. Ask about direct payments to your landlord or Discretionary Housing Payments.
- Do not ignore notices or court papers. Go to the hearing.
- Get free advice from Shelter, Citizens Advice, StepChange or a local advice service.
- If you are at risk of becoming homeless within 56 days, contact your council. It has legal duties to help.
Dealing with other debts
Rent comes before credit cards and loans. Rent arrears are unsecured debt in a formal solution such as a debt management plan, an IVA, a debt relief order or bankruptcy, but ongoing rent still has to be paid. Rules differ in Wales, Scotland and Northern Ireland, so get local advice.
Frequently asked questions
Can my landlord evict me without a court order?
No. An eviction needs a court order carried out by a bailiff. Evicting without one can be a criminal offence.
How long does eviction take?
It varies with the ground, the court and whether you challenge it. Do not assume you have time to wait.
What if I dispute the arrears?
Keep rent records and tell your landlord in writing. Disputed arrears may mean Ground 8 is not met. Get advice before the hearing.
Can I be evicted for arrears if I am on benefits?
If the arrears are caused by benefit delays or errors, explain this to the landlord and the court and ask for them to be fixed. Get advice quickly.
Does this apply to council or housing association tenants?
Social landlords have extra duties to try to avoid eviction, and the rules differ. Talk to your landlord early and get advice.
This guide gives general information and is not personal advice. Rules and limits change, so check with a free adviser before acting. Last reviewed 11 November 2026.