Section 21 — No-Fault Eviction
Section 21 of the Housing Act 1988 allows landlords to recover possession of an assured shorthold tenancy without needing to establish fault by the tenant. However, a valid s.21 notice must comply with strict requirements:
For tenancies beginning on or after 1 October 2015, the landlord must use the prescribed Form 6A. An incorrect form makes the notice invalid.
The notice must give at least 2 months' written notice. It cannot expire before the end of any fixed term.
A s.21 notice is invalid if the deposit was not protected or if prescribed information was not provided. It is also invalid if any prohibited payment (Tenant Fees Act 2019) remains unrepaid.
The landlord must have provided a valid gas safety certificate (if applicable) and an Energy Performance Certificate before the tenancy began — or the s.21 notice may be invalid.
The government's "How to Rent" guide must have been given to the tenant at the start of the tenancy (or most recent version on renewal). Failure to provide it invalidates the s.21 notice.
A s.21 notice is only valid for 6 months from the date of service (or 4 months from the earliest date of expiry). If proceedings are not issued within this window, a fresh notice is required.
Section 8 — Fault-Based Eviction
Section 8 of the Housing Act 1988 allows landlords to seek possession on one or more grounds set out in Schedule 2. The most commonly used grounds are:
- Ground 8 (mandatory) — at least 2 months' unpaid rent both at the date of the notice and at the hearing. Courts must grant possession if this ground is made out.
- Ground 10 (discretionary) — some rent arrears (less than 2 months). Court has discretion to refuse or adjourn.
- Ground 11 (discretionary) — persistent delay in paying rent, even if no arrears at the hearing.
- Ground 12 (discretionary) — breach of any other tenancy obligation (e.g. subletting without consent, causing nuisance).
- Ground 14 (discretionary) — nuisance, annoyance, or conviction for housing-related offences.
Section 8 notices must state the specific grounds and give the appropriate notice period (2 weeks for most grounds, immediately for Ground 14). Courts will scrutinise whether the stated grounds are made out and whether it is reasonable to grant possession.
Unlawful Eviction — Your Rights Are Strong
Under the Protection from Eviction Act 1977, it is a criminal offence for a landlord or their agent to:
- Change the locks, remove belongings, or otherwise physically exclude a tenant without a court order
- Harass a tenant with the intention of causing them to give up occupation — including cutting off utilities, threatening behaviour, or persistent disturbance
If you have been unlawfully evicted or are being harassed:
- You can apply to court for an emergency injunction to be re-admitted — often granted the same day
- You are entitled to civil damages for loss of your home, distress, and inconvenience
- The local authority's housing enforcement team can prosecute the landlord and impose an unlimited fine
The Possession Claim Process
-
1
Notice served
Landlord serves a valid s.21 or s.8 notice. Tenant should immediately check its validity — incorrect form, missing documents, or outstanding prohibited payments can render it void.
-
2
Possession claim issued
If the tenant does not leave voluntarily, the landlord issues a possession claim (N5 or N5B for accelerated possession). The tenant receives the claim and has 14 days to file a defence.
-
3
Court hearing
For s.8 claims (and defended accelerated claims), a hearing is listed. A solicitor can argue defects in the notice, raise counterclaims (e.g. disrepair), or negotiate a stay of possession to give the tenant time to find alternative accommodation.
-
4
Possession order & warrant
If possession is granted, the court sets a date by which the tenant must leave — typically 14–28 days (or up to 6 weeks in cases of hardship). If the tenant remains, the landlord can apply for a warrant of possession, executed by the court bailiff.
Frequently Asked Questions
Can I challenge a Section 21 notice?
Yes. A Section 21 notice can be invalid if: the wrong form was used; the deposit was not protected or prescribed information not given; a prohibited fee was charged and not repaid; the gas safety certificate or EPC was not provided before the tenancy; or the How to Rent guide was not given. If the notice is defective, the landlord must serve a fresh, valid notice — giving you more time.
What happens at a possession hearing?
For accelerated possession (s.21), the judge usually deals with it on the papers without a hearing if there is no defence. For s.8 or where there is a defence, there will be a hearing. You can raise defences (defective notice, counterclaim for disrepair, human rights arguments), negotiate a stay, or present evidence of the landlord's breach. Legal representation significantly improves your chances of a suspension or adjournment.
My landlord has changed the locks. What can I do right now?
Contact a solicitor or housing charity immediately — this is an unlawful eviction and a criminal offence. You can apply to court for an emergency injunction (without notice to the landlord if necessary) requiring them to re-admit you. Courts can hear such applications urgently, often the same day. You can also report the landlord to the police and the local authority's private sector housing team.
Can I stay in the property after a possession order?
If the court grants a possession order, it will give you a date by which to leave — typically 14 days, or up to 42 days in cases of exceptional hardship. If you remain after that date, the landlord can apply for a bailiff's warrant. You can apply to suspend the warrant on hardship grounds, but the court has limited discretion. The time to act is before the hearing, not after the warrant is issued.