What to do if you're facing eviction and claiming benefits

Receiving notice that you may lose your home is frightening, but if you are facing eviction you have rights, and there is help available, especially if you are on benefits. Acting quickly and getting advice can make a real difference. This guide explains what to do if you are facing eviction while claiming benefits, including the important recent changes to eviction rules in England.

Do not ignore it, and do not leave too soon

The two most important things are not to ignore an eviction notice and not to leave your home before you have to. Ignoring notices can lead to you losing your home faster, while leaving voluntarily before a court orders it can affect your right to help from the council, which may decide you made yourself homeless. Get advice as soon as you receive any notice, so you understand your real position and the time you have.

The end of Section 21 no-fault evictions

There has been a major change for private tenants in England. From 1 May 2026, Section 21 no-fault evictions were abolished under the Renters' Rights Act, so a private landlord in England can no longer evict you without giving a valid legal reason. Existing tenancies have become periodic assured tenancies, which roll on rather than having a fixed end date. This gives private tenants much greater security than before.

How eviction works now

To evict a private tenant in England now, a landlord must use the Section 8 process and prove a valid ground for possession, such as serious rent arrears, anti-social behaviour, or that they genuinely intend to sell or move into the property. Different grounds carry different notice periods, and the landlord usually has to go to court to get a possession order. This means there are proper steps a landlord must follow, and you cannot simply be put out without due process.

If your notice was served earlier

If your landlord served a Section 21 notice before the rules changed, there are transitional arrangements that allow some of those cases to continue through the courts for a limited time. So if you received a notice before May 2026, it is especially important to get advice to find out whether it is still valid and what your options are. An adviser can check whether the notice and process meet the legal requirements.

Rent arrears and your benefits

If you are being evicted because of rent arrears, your benefits may be able to help. If your Universal Credit housing element or Housing Benefit does not cover your full rent, you may be able to get a Discretionary Housing Payment towards the shortfall or the arrears. If deductions are being made from your Universal Credit, you can ask for these to be reviewed. Tackling the arrears, and making sure you are getting all the housing support you are entitled to, can sometimes stop an eviction.

Talk to your landlord

It is often worth talking to your landlord early, as many would prefer to keep a paying tenant than go through the cost and effort of eviction. If you have fallen behind, you may be able to agree a plan to pay off the arrears gradually, especially if you can show that your benefits are now sorted out and the rent will be paid. A reasonable arrangement can be in everyone's interest and may save your home.

The council's role

If you are at risk of losing your home, your council has a duty to help. Once you are threatened with homelessness within a set period, the council should work with you to try to prevent it, which can include helping with the rent, mediating with your landlord, or helping you find somewhere else. Approach the council's housing options team as early as possible rather than waiting until the last moment, as early help gives more options.

What the change means in practice

For private tenants in England, the end of Section 21 means much greater security, as you can no longer be asked to leave simply because your landlord wants the property back without a reason. Your tenancy now rolls on as a periodic tenancy until you choose to leave or the landlord proves a valid ground. You can still be evicted, but only for a genuine reason set out in law, and usually only after a court process.

Illegal eviction and harassment

Whatever the situation, your landlord cannot lawfully force you out without following the proper legal process. Changing the locks, removing your belongings, cutting off services, or threatening or harassing you to make you leave are all illegal. If your landlord tries any of these, contact your council's tenancy relations or housing team and get advice urgently, as illegal eviction and harassment are serious matters that the authorities can act on.

If you live in Scotland or Wales

The end of Section 21 applies to England. Scotland and Wales have their own, separate rules for private tenancies and eviction, which already give tenants particular protections and set out the grounds a landlord must rely on. So if you rent in Scotland or Wales, the detail of your rights differs, and it is worth getting advice specific to where you live rather than relying on the England rules.

Section 8 grounds in more detail

Under the Section 8 process, a landlord must rely on a specific ground for possession. Some grounds are mandatory, meaning the court must grant possession if the ground is proved, such as serious rent arrears above a set level. Others are discretionary, meaning the court decides whether it is reasonable to grant possession. Notice periods vary by ground. Because the detail matters, getting advice helps you understand whether the ground being used against you is valid and what your options are.

Use the time you have

An eviction usually takes time, moving through a notice period and then, if necessary, a court process, so you generally have a period in which to act. Use it to get advice, sort out your benefits, try to agree something with your landlord, and approach the council for help. The worst thing to do is nothing, because options that exist early on, such as clearing arrears or preventing the eviction, may no longer be available later.

In short

If you are facing eviction, do not ignore the notice or leave before you have to, and get advice straight away. In England, Section 21 no-fault evictions ended in May 2026, so a private landlord now needs a valid legal ground and usually a court order. Use your benefits and the council's help to tackle arrears and try to keep your home.

You have more security than before

The key message for private tenants in England is that you now have considerably more security than in the past, and you cannot be removed from your home without a proper legal reason and process. That makes it all the more important not to give up your home unnecessarily or assume the worst. If you are worried about your tenancy, get advice about your rights under the new rules before taking any step that might weaken your position.

Where to get help

Shelter, Citizens Advice and your council's housing options team can give urgent help if you are facing eviction. See our guides to Discretionary Housing Payments and homelessness help and your rights.