Can my landlord evict me in 2026? Your rights as eviction claims rise 21%

Landlord eviction claims have risen by 21% in England and Wales, according to new government figures, despite major changes to renters' rights coming into force earlier this year.

The latest Ministry of Justice statistics, published on 12 November 2026, show that landlords made 28,249 possession claims between July and September, compared with 23,319 during the same period last year.

For tenants, particularly those who have spent years worrying about the possibility of losing their homes through no fault of their own, the figures might seem alarming.

But there's an important distinction between a landlord asking a court to evict someone and a tenant actually losing their home. Although possession claims increased, the number of repossessions carried out by county court bailiffs actually fell by 10%.

So what's behind the rise, and what rights do you have if your landlord asks you to leave?

Why have landlord eviction claims increased by 21%?

The increase appears to be partly connected to the Renters' Rights Act, which came into force in England on 1 May 2026.

One of the biggest changes was the abolition of Section 21, the process that previously allowed private landlords to seek possession of their properties without having to provide a specific reason.

However, landlords who had already issued valid Section 21 notices before the new rules took effect were generally allowed to begin court proceedings until 31 July 2026.

This created a final window for landlords to use the old system, with many of those applications appearing in the latest figures.

The Ministry of Justice found that accelerated possession claims, which were commonly used for Section 21 cases, increased by 68% compared with the previous year.

It's also worth remembering that the statistics cover England and Wales, whereas the Renters' Rights Act changes to Section 21 apply to England. Wales has its own system of tenancy and eviction rights.

Can my landlord still evict me in 2026?

Yes, landlords can still legally evict tenants, but the rules governing when and how they can do so have changed.

In England, landlords can no longer issue new Section 21 notices for assured private tenancies. Instead, they generally need to provide a legally recognised reason for seeking possession, known as a ground for possession.

These grounds include circumstances where a landlord needs to sell the property, intends to move into it, or where a tenant has fallen into rent arrears.

Landlords must follow the correct notice and court procedures, which means they cannot simply decide they want their property back and expect tenants to leave immediately.

For most private renters, receiving a notice is the beginning of a legal process, not an instruction that they must move out that day.

Different rules can apply to lodgers, some specialist accommodation and other tenancy types, so it's worth checking which protections cover your particular circumstances.

What happened to Section 21 no-fault evictions?

Section 21 notices were abolished for assured private tenancies in England from 1 May 2026, meaning landlords can no longer start a new eviction process using that route.

Previously, a landlord could give a tenant notice to leave without needing to demonstrate that they'd broken the tenancy agreement.

The new system requires landlords to use Section 8 and identify an appropriate legal ground for possession.

However, some Section 21 cases started under the previous rules are still making their way through the courts.

If your landlord served a Section 21 notice before 1 May 2026 and began court proceedings within the permitted period, the case may still be able to continue.

If they failed to start proceedings by the relevant deadline, generally 31 July 2026 at the latest, they would usually need to begin again under the new system.

How much notice must my landlord give me?

The amount of notice depends on the reason your landlord wants the property back.

For example, landlords in England generally need to give four months' notice when seeking possession because they want to sell the property or move into it.

They also cannot normally use those grounds during the first 12 months of a tenancy.

However, shorter notice periods apply in other circumstances.

If you're being evicted because of rent arrears, the notice period for an assured periodic tenancy is generally four weeks. Other grounds, including certain forms of antisocial behaviour, have different requirements.

This is why it's important to check the reason given on an eviction notice rather than assuming every tenant has the same amount of time to find somewhere else to live.

Can my landlord evict me if I've done nothing wrong?

In some circumstances, yes.

Although landlords in England can no longer use Section 21 to seek possession without giving a reason, they can still recover their property for certain legally recognised purposes.

For example, a landlord may need to sell the property or move into it themselves, provided the relevant legal conditions are met.

This is different from the old no-fault system because the landlord must identify the applicable ground and demonstrate that the legal requirements have been satisfied.

If you believe the reason you've been given isn't genuine, you may be able to challenge the possession claim in court.

Can my landlord evict me if I can't afford my rent?

Falling behind on rent can give your landlord grounds to seek possession, but eviction isn't necessarily inevitable.

If you're struggling to keep up with payments, it's worth contacting your landlord as early as possible rather than waiting until you've received formal notice.

Explain what you can realistically afford and ask whether a temporary repayment arrangement would be possible.

It may also be worth checking your entitlement to Universal Credit housing support, Discretionary Housing Payments or other assistance available through your local council.

If your landlord begins possession proceedings, they will need to follow the relevant legal process and provide evidence supporting their claim.

You may be able to challenge the claim or reach an agreement, depending on the circumstances.

Even when you're behind on rent, you still have legal rights, and getting advice early can make a real difference.

Do I have to leave when my landlord gives me an eviction notice?

For most private tenants in England, receiving a Section 8 notice does not automatically mean you have to leave by the date written on it.

If you remain in the property after the notice period ends, the landlord normally needs to apply to court for a possession order.

The court will consider whether the landlord has established the legal grounds for possession and whether the applicable requirements have been met.

If a possession order is granted and you do not leave by the date required, the landlord can apply for a warrant to have the order enforced.

In most cases, bailiffs or authorised enforcement officers would then carry out the eviction.

The important point is that a landlord cannot normally bypass the legal process by changing the locks, removing your belongings or forcing you out.

If you're facing eviction, get advice before deciding whether to leave, particularly if you have nowhere else to go. Moving out too early can sometimes complicate a request for homelessness assistance.

What should I do if my landlord is trying to evict me?

If you've received a notice or court papers, don't ignore them, even if you believe your landlord has made a mistake.

Check that the notice identifies the grounds for possession and gives you the required notice period.

Keep copies of your tenancy agreement, rent payments and communications with your landlord, particularly if you disagree with the reason for eviction.

If court proceedings have started, pay close attention to any deadlines for responding. Missing a hearing or failing to submit the appropriate documents can make it harder to defend your position.

You can get free legal advice through the government's Housing Loss Prevention Advice Service, which helps people facing eviction or the loss of their homes regardless of their income.

You can also speak to Shelter or Citizens Advice about your individual circumstances.

If you're at risk of becoming homeless, contact your local council's housing options team as soon as possible.

Do the same eviction rules apply in Wales?

No. Although the latest court statistics include Wales, its tenancy laws are different from those in England.

Wales replaced Section 21 with a different legal framework under the Renting Homes (Wales) Act.

Private landlords can still use a no-fault possession process under Section 173 for certain occupation contracts, generally requiring at least six months' notice and compliance with other conditions.

If you live in Wales, check the official guidance from the Welsh Government rather than assuming the rules introduced in England apply to your home.

Eviction rights FAQs

Can my landlord evict me without a reason in 2026?

In England, private landlords generally need a legally recognised ground for possession under the new rules. However, some older Section 21 cases are still progressing through the courts, and exceptions apply to certain tenancy arrangements.

Is Section 21 still valid in November 2026?

Landlords can no longer issue new Section 21 notices for assured private tenancies in England. However, some claims started under the previous rules can still continue through the courts.

Can I refuse to leave after receiving an eviction notice?

Receiving a possession notice does not usually mean a private tenant in England must leave immediately. Landlords generally need a court order and, where necessary, enforcement by bailiffs to recover possession if a tenant stays.

Can my landlord evict me because they want to sell?

Yes, but they must meet the requirements of the relevant possession ground. In England, this generally includes giving four months' notice and not using the selling ground during the first 12 months of the tenancy.

Where can I get free eviction advice?

The Housing Loss Prevention Advice Service provides free legal advice to people facing eviction or possession proceedings. Shelter and Citizens Advice can also help you understand your rights and options.

Know your rights before making your next move

The rise in possession claims shows that plenty of landlords are still using the courts to recover their properties, even after the introduction of stronger protections for tenants.

But a claim isn't the same as an eviction, and receiving a notice doesn't mean you've suddenly lost every right you have as a renter.

If your landlord has asked you to leave, understanding the process and getting advice as early as possible can put you in a much stronger position to make decisions about your home.

And when the consequences are as significant as losing the roof over your head, there's every reason to make sure the law is being followed before you start packing boxes.