Evictions
Evictions work differently depending on whether you are a tenant or a lodger. Most private renters are tenants. If you live with your landlord and share living space with them, you are more likely to be a lodger and may have fewer rights.
This page is mainly about private tenants in England. The Renters’ Rights Act 2025 changes most private tenant eviction rules from 1 May 2026.
Illegal Evictions for tenants
THE ONLY PEOPLE WHO CAN PHYSICALLY REMOVE YOU FROM YOUR HOME AGAINST YOUR WILL ARE COURT BAILIFFS OR A HIGH COURT ENFORCEMENT OFFICER, AFTER A COURT PROCESS.
If your landlord changes the locks, throws you out, makes you leave using threats, or removes you without going through the proper court process, this may be an illegal eviction.
Even if you owe rent, your landlord usually still has to serve the correct notice, get a possession order from the court, and then use court bailiffs or a High Court Enforcement Officer to carry out the eviction.
If you think you have been illegally evicted, please contact us as soon as possible.
You may be able to apply for a Rent Repayment Order. From 1 May 2026, the maximum amount that can usually be claimed increases from 12 months’ rent to 24 months’ rent but only for offences committed on or after the 1st of May 2026.
If you are being evicted, but you have not received an appropriate eviction form, please contact us
Eviction for tenants – Section 21 notice
Until 30 April 2026, one of the most common types of eviction is a Section 21 notice, sometimes called a “no fault” eviction.
Before 1 May 2026, a landlord usually has to use Form 6A and give at least 2 months’ notice.
A Section 21 notice does not by itself end the tenancy. If you do not leave, the landlord must still apply to court.
A Section 21 notice is often invalid. For example, it may be invalid if:
- the landlord did not protect your deposit properly
- the landlord did not give you the required deposit information
- the landlord did not provide a valid gas safety certificate
- the landlord did not provide an EPC
- the landlord did not provide the correct “How to Rent” guide
- the property needed a licence and did not have one
- there is an error with the form or the way it was served
If your landlord or agent is trying to evict you but has not used the correct legal notice, please contact us.
From 1 May 2026, Section 21 notices will no longer be available for most private tenancies in England.
If your landlord served a Section 21 notice before 1 May 2026, they may still be able to rely on it for a limited time, but after that they will usually need to use the new possession rules instead.
Eviction for tenants – Section 8 / possession grounds
Before 1 May 2026, a landlord who says they have a reason to evict usually uses a Section 8 notice on Form 3.
This is commonly used for rent arrears, antisocial behaviour, or other alleged breaches of the tenancy agreement.
From 1 May 2026, private landlords will usually have to use the legal grounds for possession instead of Section 21.
The new notice form for most private tenant possession cases will be Form 3A.
Examples of the new or updated grounds include:
- the landlord wants to move into the property themselves
- the landlord wants a close family member to move in
- the landlord wants to sell the property
- there are serious rent arrears
- there has been persistent late payment of rent
In some cases, landlords will not be able to use certain grounds during the first 12 months of the tenancy.
For serious rent arrears cases, the threshold changes from 1 May 2026. In many monthly tenancies, the landlord will usually need at least 3 months of rent arrears before the mandatory rent arrears ground can be used.
Even after the notice period ends, your landlord still cannot force you to leave themselves. They must apply to court.
Eviction for lodgers
If you live with your landlord and share a kitchen, bathroom, or living room with them, you are usually a lodger rather than a tenant.
Lodgers often have fewer rights than tenants and can sometimes be evicted more easily.
This is not an area we currently advise on in detail, so for lodger cases we refer to Shelter’s guide.
Need advice?
If you are being evicted, think your notice may be invalid, or believe you have been illegally evicted, please contact us.