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How Do I Evict a Tenant After May 1st Without Section 21? A Hackney Landlord’s Guide to 2026

  • Writer: Daneka Malcolm
    Daneka Malcolm
  • Mar 14
  • 3 min read

The East London property market, particularly around E2, Bethnal Green, and Hackney, has always been fast-paced. But as of May 1st, 2026, the rules of the game have changed. The "no-fault" Section 21 notice is gone.



For Hackney landlords, the question is no longer if you can regain possession, but how. With tenancy disputes rising 6% annually and legal costs often exceeding £5,000, being a "DIY landlord" is now considered a high-risk strategy.


The New Way to Regain Possession: Section 8


Without Section 21, you must now use reformed Section 8 grounds. Under the Renters’ Rights Act (RRA), the process is more evidence-heavy but still possible if you have a valid reason:


  • If You Want to Sell: You can use the new Ground 1A. You must provide 4 months’ notice, and this cannot be used during the first 12 months of a new tenancy.

  • If You Want to Move In: Use Ground 1. Similar to selling, this requires a 4-month notice period and applies to you or close family members.

  • For Serious Rent Arrears: The threshold for Ground 8 has increased. Tenants must now be 3 months in arrears (up from 2) before you can serve a 4-week notice.

  • Student HMOs in Hackney: If you let to students in E2, the new Ground 4A allows you to regain possession for the next academic year, provided you gave prior notice at the start of the tenancy.


See the table below to help visualise the impact before and after the May 1st, 2026 changes.

Reason for Possession

Old Rules (Pre-May 2026)

New Rules (Post-May 1st, 2026)

Key Restriction

"No-Fault" (Section 21)

2 Months

Abolished

Cannot be used at all.

Selling the Property

2 Months (via S21)

4 Months

Cannot use in the first 12 months of a tenancy.

Landlord Moving In

2 Months

4 Months

Cannot use in the first 12 months of a tenancy.

Serious Rent Arrears

2 Weeks

4 Weeks

Arrears must be 3 months (up from 2).

Student HMOs (Ground 4A)

Varies

4 Months

Notice must expire between June 1st – Sept 30th.

Breach of Tenancy

2 Weeks

2 Weeks

Remains discretionary (court decides).

Anti-Social Behaviour

Immediate

Immediate

High evidence threshold required.


Why "Hands-Off" Management is Over


The RRA has empowered tenants to challenge evictions more easily. If your paperwork isn't thoroughly checked, a simple mistake in your notice can lead to months of lost rent and expensive court dates.


In Hackney, where licensing has expanded to 17 wards, the stakes are even higher. An unlicensed property or an incorrectly served notice could result in fines of up to £40,000.


Why List Your Property in E2 & Hackney Now?


We are currently in a "transition window." If you are feeling overwhelmed by the new 2026 regulations, now is the time to decide your next move.


  • For Landlords: Transitioning to a professionally managed service ensures your compliance is watertight. At Malcolm Properties, we provide in-house legal support to ensure every Section 8 notice is served correctly.

  • For Sellers: Many "accidental landlords" are exiting the market due to these changes. This creates a unique window for sellers. Our Expert Home Staging and local Hackney knowledge ensure you get the best price before the market fully adjusts to the new laws.


The Malcolm Properties Advantage


Based at 4 Warner Place, Hackney (E2 7DA), the E2 landscape better than any corporate chain. We protect your investment through:

  • Solicitor-Backed Compliance: We handle the complex Section 8 requirements so you don't have to.

  • In-House Legal Support: Every contract is vetted against the latest 2026 Renters’ Rights Act updates.

  • End-to-End Management: We shield you from the stress of disputes and handle the mandatory "Information Sheets" required for all tenants by May 31, 2026.


Protect Your Investment Today


Don't wait for a dispute to realise you’re unprotected. Whether you want to let your property with peace of mind or sell for the best possible price in Hackney, we are here to guide you through the post-Section 21 world.


Ready to see what your Hackney property is worth in this new market?


Book a Free Valuation with Malcolm Properties or visit us in E2 to discuss your 2026 strategy.

 
 
 

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