Section 21 eviction
The law is changing
The Renters' Rights Act will change eviction rights for private tenants.
Changes start from 1 May 2026.
For now, you can still be evicted with a section 21 notice.
Council help after a section 21
You can ask your council for help as soon as you get a section 21 notice.
This is called a homeless application.
The council must try to stop you becoming homeless if:
your notice is valid
it ends in less than 8 weeks
you meet immigration conditions
The council might help find you somewhere to live if you cannot stay in your home.
The council checks your notice
A housing officer usually tries to talk your landlord to find out:
why you were given notice
what the landlord plans to do
if the eviction can be stopped
You can only be evicted with a valid notice.
If your notice is not valid
The council might say your landlord has to give you a valid notice before they can help you.
But they should look at other problems that could mean you cannot stay in your home.
Tell the council if, for example:
your home is damp or needs serious repairs
It is illegal for your landlord or agent to force you to leave without going to court.
You should not have to stay somewhere if you're at risk of domestic abuse.
The council must make sure you are safe.
They should give you emergency housing if you need it.
Help to stay in your home
The council could help with:
a grant or loan to clear rent arrears
discretionary housing payments (DHP) to help with rent
If you cannot stay in your home
The council might say you need to wait for bailiffs to evict you.
Tell them if you do not think you can stay. For example, if:
your home is not safe
eviction costs would cause you serious money problems
you cannot afford rent without cutting back on food or other essentials
If you have a disability or support needs
The council must decide if you have a priority need for housing.
Priority need means you are at more risk than most other people if you become homeless.
You need to show how a disability or health condition affects you. For example, a letter from your doctor.
You may need help to find an adapted property or supported housing.
The council should help you find you a suitable home before you have to move out. They should not tell you they cannot help until the eviction date.
Emergency housing
Most homeless families and others with a priority need should get emergency housing.
Tell your housing officer to look at the homeless code of guidance. This says they should offer you somewhere suitable before bailiffs evict you.
Get free legal advice if the council say you have to wait for the bailiffs.
Do not give up your tenancy if you have nowhere to go
The council might decide you are intentionally homeless.
This could mean they give you less help.
If your landlord applies for an eviction order
The council should:
review your personal housing plan
keep in contact with you and the landlord
You may have to pay the costs of court action.
Ask your council for help with court costs if they say you must stay until the bailiffs come.
Last updated: 10 February 2026
