My tenant has stopped paying rent due to 'issues' but won't let me in to check. What's the quickest legal way to evict them in the UK without falling foul of Section 21 changes?
Quick Answer
With Section 21 changes expected in 2025, landlords facing rent arrears should use a Section 8 notice citing Ground 8 for mandatory possession, then apply for a court order.
## Navigating Evictions: Understanding the Post-Section 21 Landscape
As of May 1, 2026, the Renters' Rights Act 2025 has abolished Section 21 'no-fault' evictions in England. This means landlords can no longer regain possession of their property without a specific, legally recognised reason. For tenants who have stopped paying rent and are denying access, the quickest legal route now involves utilising the appropriate Section 8 possession grounds, primarily those related to rent arrears and breach of tenancy. It is imperative for landlords to understand these new rules to ensure compliance and avoid legal pitfalls.
### What are the main legal grounds for possession now?
With Section 21 abolished, landlords must rely on Section 8 grounds. The most relevant grounds for your situation are: Ground 8 (mandatory), Ground 10 (discretionary), and Ground 11 (discretionary) for rent arrears, and Ground 12 (discretionary) for breach of tenancy conditions, which would include denying reasonable access. Ground 8 is mandatory if the tenant owes at least two months' rent (or eight weeks if paying weekly) both when the notice is served and at the court hearing. Grounds 10 and 11 allow for possession if some rent is unpaid. Ground 12 can be used if the tenant has breached a term of the tenancy, such as a clause requiring reasonable access for property inspections or repairs. Serving the correct notice, completing it accurately, and ensuring all required information is included is paramount.
### What is the process for a Section 8 eviction due to rent arrears?
The process begins with serving a 'Notice of Seeking Possession' (a Section 8 notice) on the tenant. For Ground 8 (two months' rent arrears), the minimum notice period is two weeks. If you are also relying on discretionary grounds like Ground 12 for access issues, the notice period might be longer, often two weeks for breach of tenancy. After the notice period expires, if the tenant has not rectified the issue (e.g., paid the rent or allowed access), you can apply to the County Court for a possession order. The court will then schedule a hearing where a judge will decide whether to grant possession. If granted, the tenant is typically given 14-28 days to vacate. If they still don't leave, you'll need to apply for a warrant of possession, which leads to bailiffs physically removing the tenant. This entire process, from serving notice to bailiff enforcement, can easily take 4-6 months, and potentially longer depending on court backlogs. For example, if a tenant stopped paying £800/month rent in May, by the time bailiffs are involved in October, the arrears could be substantial, potentially £4,800 or more.
### How does denied access factor into the eviction process?
While non-payment of rent is a direct ground for possession, the tenant refusing access for essential checks or repairs constitutes a breach of the tenancy agreement, typically under Ground 12 of Section 8. Although Ground 12 is a discretionary ground, meaning the judge has to be convinced that it is reasonable to grant possession, it can strengthen your case when combined with mandatory rent arrears grounds. Document every attempt to contact the tenant and every instance of denied access, including dates, times, and the method of communication. This evidence will be vital in court. Without documented attempts and refusals, a judge may not view it as a sufficient breach to grant possession, especially if it's the sole reason for seeking possession. The new Awaab's Law, once fully commenced for private landlords, will place further emphasis on landlord responsibilities for property standards, making documented access attempts even more critical to demonstrate compliance.
## Essential Considerations for Post-Section 21 Evictions
* **Documentation is Key:** Maintain meticulous records of all communication, rent payments, arrears, and attempts to access the property. Photographic evidence or written communications are invaluable.
* **Legal Expertise:** Given the complexities of the new regulations, consulting with a solicitor specialising in landlord and tenant law is advisable. Incorrectly served notices or missed procedural steps can significantly delay the process or even lead to an application being struck out.
* **Financial Impact:** Be prepared for continued loss of rental income and legal costs during the eviction process. A typical possession claim could cost £355 in court fees, plus solicitor fees which can range from £1,500 to £3,000 for a straightforward case, excluding enforcement. This highlights the importance of having emergency funds or landlord insurance.
## Investor Rule of Thumb
With Section 21 abolished, landlords must demonstrate substantial grounds and meticulous adherence to process when seeking possession; proactive tenant vetting and robust tenancy agreements are now more critical than ever to mitigate future risks.
## What This Means For You
The abolition of Section 21 fundamentally shifts the landlord-tenant dynamic, requiring a much more proactive and compliant approach to tenancy management and, unfortunately, evictions. Most landlords find navigating these changes challenging, particularly with the intricate notice periods and court procedures. If you're grappling with understanding the new Section 8 grounds, notice periods, or the eviction process in detail, this is exactly the kind of practical, up-to-date guidance we provide inside Property Legacy Education, helping you protect your investments efficiently and legally.
Steven's Take
The changes stemming from the Renters' Rights Act 2025 are significant. While it's frustrating to face non-paying tenants who deny access, reacting correctly is vital. My advice is always to operate strictly within the law. The days of a quick Section 21 are over. You need to gather all your evidence, follow the Section 8 process to the letter, and accept that it will take time. I've seen landlords try to cut corners, and it always ends up costing them more in the long run, both financially and in terms of stress. Focus on robust tenant selection from the outset and maintaining excellent records throughout the tenancy, as this is your strongest defence.
What You Can Do Next
Review your tenancy agreement to ensure it clearly outlines tenant obligations regarding rent payment and property access - Check your original tenancy agreement or consult a property lawyer.
Issue a formal Section 8 'Notice of Seeking Possession' to the tenant, clearly stating the grounds (e.g., Ground 8 for arrears, Ground 12 for breach of access) - Utilise an updated Section 8 notice template from a reputable source like the government's official forms page (gov.uk/government/publications/form-3-notice-seeking-possession-of-a-property-let-on-an-assured-tenancy-or-an-assured-agricultural-occupancy).
Document all communication and attempts to contact the tenant, including denied access instances and dates - Keep a detailed log and retain copies of emails, texts, and dated letters.
Consult a specialist landlord and tenant solicitor for guidance on specific circumstances and to ensure correct procedure, especially if proceedings are contested - Search for 'landlord and tenant solicitor UK' and review their specialisms and client testimonials.
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