Can my landlord evict me?
For people with assured periodic tenancies who want to know their eviction rights.
Applies to: England Last checked against official sources: 30 September 2026
On an assured periodic tenancy, your landlord can only evict you for certain reasons, such as unpaid rent, antisocial behaviour, breaking tenancy terms, or needing to move in or sell. They can't evict you to move in or sell within the first 12 months.
- They must give proper notice, and go to court if you don't leave.
- Only bailiffs with a court warrant can remove you.
- If you get written notice, you can get free legal advice from the Housing Loss Prevention Advice Service.
- Scotland, Wales and Northern Ireland have different rules.
Different in Scotland, Wales or Northern Ireland
Rules may be different in:
- Scotland: Check mygov.scot for Scotland
- Wales: Check gov.wales for Wales
- Northern Ireland: Check nidirect for Northern Ireland
Key facts
- Only for set reasons
- Not to sell or move in within 12 months
- Court needed
What happened to section 21 notices
A section 21 notice was the "no fault" notice landlords used to end an assured shorthold tenancy. From 1 May 2026, most private tenancies in England became assured periodic tenancies, and landlords now give notice using a section 8 notice (form 3A) with a legal reason, called a ground.
Section 21 is being phased out:
- A section 21 notice served before 1 May 2026 can still lead to an eviction. But the landlord must apply to court within 6 months of serving it, or by 31 July 2026, whichever comes first.
- After 31 July 2026, a landlord usually cannot use a section 21 notice to start an eviction.
- For section 8 notices served on or after 1 May 2026, the landlord has up to 12 months to apply to court.
Eviction notice periods
How much notice you get depends on the reason. These are the main grounds.
| Reason (ground) | Notice period |
|---|---|
| Landlord or family moving in (ground 1) | 4 months |
| Landlord selling the home (ground 1A) | 4 months |
| Serious rent arrears (ground 8) | 4 weeks |
| Any rent arrears (ground 10) | 4 weeks |
| Rent often paid late (ground 11) | 4 weeks |
| Breaking the tenancy, not about rent (ground 12) | 2 weeks |
| Antisocial behaviour (grounds 14 and 7A) | No advance notice, but no court order for 14 days |
Your landlord cannot use grounds 1 or 1A in the first 12 months of a new tenancy.
Ground 8 applies only if you owe at least 3 months' rent (monthly rent) or 13 weeks' rent (weekly or fortnightly rent). You must owe this both when the notice is given and at the court hearing.
Mandatory and discretionary grounds
- Mandatory: if the landlord proves the ground, the court must give them possession. Selling the home and ground 8 are examples.
- Discretionary: the court decides whether evicting you is reasonable. Most rent arrears and breach grounds are like this.
From notice to eviction
- Your landlord gives you notice.
- If you do not leave when it ends, they must apply to court for a possession order.
- The court checks your deposit was protected properly. It will only give possession if the deposit was returned, a claim about it was settled, or it is in an approved scheme and you got the required information.
- If you still do not leave, your landlord must apply for a warrant for possession. Only bailiffs can then evict you.
If your landlord tries to make you leave without following these steps, it may be illegal eviction or harassment.
Old section 21 claims: accelerated possession
If a landlord uses a valid pre-May 2026 section 21 notice, they may use "accelerated possession". You must return the defence form to the court within 14 days of getting it. If a possession order is made, you normally get 14 or 28 days to leave. A judge can give up to 42 days if leaving sooner would cause exceptional hardship.
Getting help
If you get written notice, the Housing Loss Prevention Advice Service gives free legal advice. Citizens Advice can also help for free.
If you live in Scotland, Wales or Northern Ireland
These rules are for England only. Scotland, Wales and Northern Ireland have their own eviction rules.
Related guides
- What is the Renters' Rights Act and who does it cover?
- What is a section 8 notice?
- How often can my landlord put the rent up?
- What help is there if I am behind with my rent?
- What repairs is my landlord responsible for?
Where this comes from
Get it done
This takes you to the official service, which is free to use.
Get free legal adviceCommon questions
What if my landlord changes the locks without a court order?
That may be an illegal eviction. Contact your council.
Source: Private renting for tenants: evictions in England
Checked against GOV.UK on 30 September 2026
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