Eviction: what it means, what can (and can't) happen, and what to do

INTRODUCTION

“Eviction” is when a landlord tries to legally end your tenancy and get the property back.

A key point for students: a landlord cannot usually just tell you to leave and change the locks. In most situations, they must follow a legal process.

Because the Renters’ Rights Act changes the eviction system from 1 May 2026, what applies to you depends on when you’re dealing with the issue.

BEFORE MAY 2026

Before 1 May 2026, many students rent on Assured Shorthold Tenancies (ASTs). Under the current system, landlords may try to end an AST by:

Section 21 (“no-fault”): they don’t need to give a reason, but must give correct notice and follow rules.
Section 8 (fault or specific reasons): they rely on specific legal “grounds” (for example, serious rent arrears or anti-social behaviour).

Even now, a notice is not the same as an eviction. If you don’t leave, the landlord normally has to apply to court.

THE NEW POSITION (FROM 1 MAY 2026)

From 1 May 2026, the Renters’ Rights Act is expected to bring in a big change for private tenancies:

Section 21 (“no-fault”) will be abolished.
Landlords will need to use specified legal grounds to regain possession (through the section 8 process).
Most tenancies will be periodic (rolling), rather than fixed-term.

This means: after 1 May 2026, a landlord should not be able to evict you “for no reason”. They will normally need a lawful reason and must follow the correct process.

Some parts of the system will still rely on new forms, regulations, and guidance, so it’s sensible to check up-to-date advice if you’re close to the changeover date.

WHAT LANDLORDS MUST USUALLY DO (THE BASIC EVICTION PROCESS

In most cases, eviction follows a sequence like this:

Serve a formal notice in the correct form (and with the correct notice period).
If the tenant doesn’t leave, apply to the court.
If the court grants a possession order and the tenant still doesn’t leave, enforcement may involve bailiffs.

So, if you receive a notice:

It usually means “the landlord is starting the process,” not “you are evicted today.”

RED FLAGS: ILLEGAL EVICTION AND HARRASSMENT

Sometimes students are pressured into leaving without due process. This might include:

Changing locks, removing doors, cutting off utilities
Threats or repeated intimidation
Turning up unannounced or entering without permission (beyond what’s allowed)

If you think you’re at immediate risk of being locked out or threatened, treat it as urgent and get help straight away (Durham SU Advice Service, Durham Citizens Advice, the council, and in emergencies the police).

STUDENT-SPECIFIC RISKS TO BE AWARE OF

Joint tenancies: if you rent with others, the situation can get complicated quickly (for example, arrears caused by one person can affect everyone).

Academic year pressure: landlords may want properties back for summer reletting. Under the Renters’ Rights Act there are specific student-related grounds in some cases (including new rules around student HMOs), but the conditions can be strict.

Rent arrears and guarantors: if eviction is linked to arrears, it may also trigger contact with your guarantor and affect your deposit.

WHAT TO DO IF YOU GET AN EVICTION NOTICE

Don’t ignore it. Timelines matter.
Check what notice you were given (what it is, what date it ends, and why it was issued).
Ask for clarity in writing from the landlord/agent: what ground are they relying on, what they want to happen, and what options you have.
Get advice early if you’re unsure. Eviction is one of those areas where early advice can prevent major problems.

Often, calm communication helps: many landlords/agents will prefer a planned move-out date or a solution (like a repayment plan) rather than a drawn-out dispute - especially while the law is changing and everyone is adjusting.

KEY TAKEAWAY

Before 1 May 2026, eviction may involve section 21 or section 8 (depending on your tenancy and circumstances).

From 1 May 2026, section 21 is expected to end, and landlords will normally need a lawful ground to regain possession. NB transitional arrangements mean that section 21 notices that are validly served before 1 May 2026 can continue to be processed, but rules apply.
In most cases, eviction requires a formal process and usually court involvement - pressure or “instant eviction” is a major red flag.