## Introduction to Section 8 Eviction Changes

From May 2026, the abolition of Section 21 eviction notices under the Renters’ Rights Act will require landlords in England to use Section 8 possession claims to regain their properties. This legislative shift removes the ‘no-fault’ eviction route, meaning landlords must now provide evidence for specific grounds such as rent arrears or anti-social behaviour to obtain possession orders. The change is set to significantly affect eviction procedures, costs, and timelines for landlords.

## Increased Eviction Costs for Landlords

Estate agency Martyn Gerrard has highlighted that landlords could face eviction-related expenses reaching £3,000 when using Section 8 claims. These costs include court fees, solicitor charges, and bailiff enforcement fees. Greg Tsuman of Martyn Gerrard detailed the breakdown: the HM Courts and Tribunals Service charges £404 to issue a claim, bailiffs charge £148 for enforcement, and solicitors typically charge around £350 to serve a Section 8 notice before applying hourly rates. Tsuman noted, “A solicitor outside London may charge around £350 per hour, whereas an expensive practitioner could charge more than double this,” adding that “it would be reasonable to expect total costs in the region of £3,000 on average when lawyers are involved.”

These figures do not account for potential lost rent during the eviction process, which can extend over several months.

## Legal Complexity and Extended Timelines

Section 8 possession claims are more complex than Section 21 notices, requiring landlords to prove grounds such as serious rent arrears (at least three months), anti-social behaviour, or property damage. Other grounds include landlord or close family member moving in, or plans to sell the property, although these cannot be invoked within the first 12 months of a tenancy. If a sale falls through, landlords face a 12-month prohibition on re-letting.

The National Residential Landlords Association (NRLA) has reported that Section 8 cases currently take an average of over six months to be processed and enforced by the courts. Last year, the average was around eight months. Paul Shamplina, founder of Landlord Action, warned that “in the worst instances, landlords could ‘face close to a year of unpaid rent’” due to delays and procedural requirements. He emphasised that evicting tenants is no longer a straightforward administrative task and that landlords will “increasingly need specialist, regulated legal representation.”

## Additional Costs and High Court Transfers

Research by Benham and Reeves corroborates the £3,000 average legal fees for tenant removal and highlights that restoring properties left in disrepair can cost an average of £22,775. Percy Hughes & Roberts informed the Daily Telegraph that costs can exceed £3,000 if eviction proceedings are transferred to the High Court to expedite enforcement. While High Court transfers can shorten timelines, they add to the financial burden on landlords.

## Impact on the Court System and Landlords

Propertymark’s Megan Eighteen commented on the practical challenges, stating that “abolishing Section 21 and replacing it entirely with Section 8 eviction routes from May places an enormous additional burden on an already overstretched court system.” The increased volume of possession claims is expected to strain court capacity, potentially prolonging delays further.

A government spokesperson responded that the Renters’ Rights Act will provide landlords with stronger legal reasons to regain possession and that “only a small minority of eviction cases go to court, and the Act will not change the fees linked to this.” However, Ministry of Justice data indicates that 28% of landlord possession claims issued in 2024 proceeded to bailiff enforcement, highlighting the significant number of cases reaching the enforcement stage.

## What This Means for UK Landlords

Landlords should prepare for higher eviction costs and longer waiting periods when seeking possession under Section 8 from May 2026. The increased complexity of claims means landlords will likely require professional legal support to navigate the process effectively and avoid costly errors. Additionally, landlords must factor in potential rent arrears during extended eviction timelines, which could impact cash flow and property management strategies.

## Suggested internal link anchors

– Section 8 eviction claims
– Renters’ Rights Act
– landlord possession claims
– eviction costs
– court delays for landlords
– anti-social behaviour grounds
– rent arrears eviction
– legal fees for eviction
– High Court eviction transfers
– bailiff enforcement fees
– landlord legal representation
– property restoration costs

## TLA update

TLA is launching a new Trusted Partners Hub in Q1 2026, featuring verified and approved service providers selected to support landlords, tenants, and property management businesses. We are inviting legal, trades, insurance, financial, mortgage, tenant screening, and other service providers to register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/