What Landlords Need To Know About Evicting Tenants Using Section 8 After May 1st 2026

On December 3rd, the UK government released new guidance for landlords on how to proceed with evictions under the Renters’ Rights Act.

We look at the responses from real life landlords on portals such as Property118 , Reddit and versuslaw.co.uk

Aspects of the guidance include:

• Two eviction routes: online for rent arrears; paper for everything else.
  • From 1 May 2026, if a landlord wants to evict solely because tenants have not paid rent, they must use the new digital service Possession Claim Online Service (PCOL).
  • For all other grounds (e.g. desire to sell property, breach of tenancy agreement, anti-social behaviour), landlords must use the traditional paper-based route under Section 8 of the Housing Act 1988.
• Stricter procedural requirements.
  • For any eviction, landlords must give the correct statutory notice period depending on the ground. After the notice expires, if the tenant remains, the landlord can apply to the court.
  • Once a claim is filed, the court will send the application to the tenant; the tenant then has 14 days to file a defence.
  • At least 14 days before the hearing, the landlord must submit required documents (the standard N5 and N119 forms), plus evidence backing up the chosen ground (e.g. rent statements, photos of property damage, proof of breach or intention to sell).
• No guarantee of success — mistakes are costly.
  • If landlords fail to follow procedure properly, miss deadlines, cannot demonstrate their grounds, or the tenant pays off arrears in time, the court may dismiss the claim — and may order the landlord to pay the tenant’s legal costs.
  • For mandatory grounds, if the court grants an “outright possession order,” tenants typically must leave within 14 days — but judges may extend this up to six weeks in cases of hardship. For discretionary grounds, delays may be longer.
• Implications for landlords: more bureaucracy, more risk — fewer shortcuts.
  • Where landlords may once have served a “no-fault” eviction (via Section 21 of the Housing Act 1988), from May 2026 they will need a valid ground under Section 8, with all the associated paperwork, evidence and risk of delays or dismissal.
  • The guidance itself warns (and landlords are now advised) that the new system demands evidence discipline, careful record-keeping, and pre-planning — “small mistakes” can derail a case.

Overall, the guidance represents a significant tightening of eviction procedures — shifting away from quick “no-fault” routes towards more formal, evidence-based, and court-supervised evictions.

What landlords and landlords-forum users are saying

Reaction has been strong and mostly negative. Many landlords argue that the £404 application fee for online rent-arrears evictions represents a significant financial burden — especially in cases of non-payment. Several express disbelief that landlords must “shoulder the burden” for tenants’ failures, arguing it is unfair that they must pay to attempt to reclaim owed rent.

Here are some recurring themes and representative quotes:

“More costs for landlords even when the tenant is withholding rent.”

“£404! That’s equivalent a months rent for a small property in many locations ‘up north’.”

Concern about increased risk of dismissed cases
Some landlords worry that even honest mistakes — paperwork errors, missed deadlines, slight procedural missteps — could result in the court dismissing their claim and forcing them to start over, incurring further delay and expense.

As one comment put it:

“There are many bear traps a landlord can fall into when serving notice … This was an opportunity to … prevent unnecessary dismissals. Sadly … the Government seems intent to [slow] the eviction process in every way possible.”

Alarm at uncertainty and the courts’ unknown capacity
For many, the big concern isn’t just red tape — it’s whether the courts will be able to handle a surge in claims once “no-fault” evictions are abolished. Many landlords worry they will be stuck waiting months for hearings and bailiff enforcement, even in straightforward rent-arrears cases.

“The split system feels like it’s going to make things even slower.”

Feeling that the system is tilted in favour of tenants
Some landlords argue the reforms shift too much power to tenants — that landlords lose flexibility, risk financial loss, and face unacceptable delays. As one comment says:

“The government are doing anything possible to get rid of landlords … I really have had enough of investing in the UK.”

If I am reading this right…. Scenario: Landlord wants to evict tenant for rent arrears alone, no other ground, needs to use PCOL, costs £404.

Then still has to send paper copies, still a court hearing. Tenant takes legal advice, takes out a loan and pays arrears off, Landlord then may have to pay tenants legal costs plus his own if he has used Solicitors.

So going forward, tenant doesn’t pay rent as he’s paying back the loan. Arrears build up again…. Rinse and Repeat!!

Eviction Backlogs and Biased Legal Responsibilities

With the end of Section 21 “no-fault” evictions, the volume of disputes going to court is likely to surge — yet the court system is already under strain.

Advocacy groups such as The Law Society have already called for urgent investment to make the reforms work in practice with critics warning that without significant investment and capacity-building, the system could collapse under demand.

Unsurprisingly, many landlords say they are seriously reconsidering their position as landlords and may sell properties rather than face protracted legal battles and unpredictable outcomes, with the law seemingly firmly on the side of the tenant.

I feel like the property that I worked hard for a lifetime to save for and worked hard to renovate, manage and maintain is no longer mine.

I am held responsible to follow every law, rule and procedure to the letter but my tenant (who only has to save up for a deposit of 5 weeks) is allowed to run riot for months or years before I can get MY property back.

It’s not fair.
I’m out. I’m selling up

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