Eviction Lawyers · Insights
How to Evict a Tenant in England After Section 21: Step-by-Step Guide (2026)
The process for evicting a tenant in England changed on 1 May 2026, when Section 21 was abolished for the private assured tenancies covered by the Renters’ Rights Act 2025. Landlords starting a new possession process must now identify a valid legal ground and use the Section 8 procedure.
This guide explains the main steps, from choosing the correct ground to obtaining possession through the courts. It covers private assured tenancies in England; different rules apply in Wales, Scotland, Northern Ireland and to arrangements such as resident-landlord lodgings.
Table of Contents
- What happened to Section 21?
- Step 1: Identify your ground for possession
- Step 2: Check your documents and evidence
- Step 3: Serve the correct Section 8 notice
- Step 4: Apply to court
- Step 5: Attend the possession hearing
- Step 6: Arrange lawful enforcement
- How long does eviction take?
- How much does eviction cost?
- Mistakes landlords should avoid
- Frequently asked questions
- Get help with your eviction case
What Happened to Section 21?
For the private tenancies covered by the reforms, landlords can no longer serve a new Section 21 notice.
The transitional deadline for starting proceedings using a valid pre-reform Section 21 notice was 31 July 2026, or an earlier deadline if the notice expired sooner. Proceedings started within the permitted period can continue.
This means some older Section 21 cases may still be progressing through the courts. However, an unused Section 21 notice is not a route for starting a new claim now.
Step 1: Identify Your Ground for Possession
A Section 8 claim must be based on a legal reason, known as a ground for possession. The reason you want the property back determines which ground may apply.
Common grounds include:
| Reason for possession | Ground | Usual minimum notice |
|---|---|---|
| Landlord or qualifying family member moving in | Ground 1 | 4 months |
| Landlord intends to sell | Ground 1A | 4 months |
| Serious rent arrears | Ground 8 | 4 weeks |
| Other unpaid rent | Ground 10 | 4 weeks |
| Persistent late rent payments | Ground 11 | 4 weeks |
| Breach of a tenancy term other than rent payment | Ground 12 | 2 weeks |
These are selected grounds, not a complete list. Each has conditions beyond its notice period. Grounds 1 and 1A cannot require possession during the tenancy’s first 12 months. Ground 1A also has restrictions affecting certain older non-shorthold assured tenancies.
Some grounds are mandatory: the court must generally order possession when the ground and applicable requirements are established. Others are discretionary: the court must also decide whether possession is reasonable.
Rent arrears: the threshold has changed
For Ground 8, the usual threshold is now:
- Three months’ unpaid rent where rent is payable monthly.
- Thirteen weeks’ unpaid rent where rent is payable weekly or fortnightly.
The relevant threshold must be met both when the notice is served and at the hearing. The calculation excludes qualifying amounts unpaid solely because the tenant has not yet received a Universal Credit housing payment to which they are entitled.
Step 2: Check Your Documents and Evidence
Before serving notice, organise the paperwork supporting your case. Depending on your grounds, this may include:
- The tenancy agreement and any variations.
- A clear rent statement showing amounts due and payments received.
- Correspondence with the tenant.
- Dated photographs, inspection records or witness statements.
- Evidence supporting a genuine intention to sell or move in.
Check deposit compliance carefully. For most possession grounds, deposit protection and prescribed-information requirements can affect whether the court can grant possession. Do not assume that a problem disappears because you are using Section 8 rather than Section 21.
Where rent arrears are the problem, consider whether a realistic repayment arrangement or managed benefit payments could resolve matters before court action.
Step 3: Serve the Correct Section 8 Notice
For the current private rented sector procedure, use Form 3A, or a notice substantially to the same effect.
The notice must identify the grounds relied on, explain why they apply and allow the correct notice period. Use the current form rather than an old Section 8 template saved before the reforms.
Keep a copy of the completed notice and evidence of when and how it was served. Incorrect wording, dates or service can delay the claim or cause it to fail.
A notice does not authorise you to remove the tenant yourself. If they remain, the appropriate court process must follow.
Step 4: Apply to Court
If the tenant stays after the relevant notice period, apply for a standard possession order.
The paper procedure uses:
- Form N5: the possession claim.
- Form N119: the particulars explaining the claim.
Possession Claim Online may be available for claims based only on rent arrears. Other grounds normally require the paper-based procedure.
Submit accurate documents and the evidence supporting your claim. Check that the names, property address, tenancy details and notice dates are consistent throughout.
Step 5: Attend the Possession Hearing
The court considers the legal ground, supporting evidence and any defence raised by the tenant.
Possible outcomes include a possession order, an adjournment or dismissal of the claim. In an appropriate case, the court may make a suspended order allowing the tenant to stay provided they comply with specified conditions.
An outright possession order specifies when the tenant must leave. For mandatory grounds, this is usually within 14 days, although exceptional hardship can justify an extension up to six weeks. Different rules can apply to discretionary grounds.
Step 6: Arrange Lawful Enforcement
If the tenant does not comply with an outright possession order, you must obtain the appropriate enforcement authority.
A county court warrant of possession allows a bailiff to carry out the eviction. Depending on the case, transfer to the High Court may be possible, but permission and additional costs can apply.
Do not change the locks or remove the tenant simply because the possession date has passed. Follow the court’s enforcement process.
How Long Does Eviction Take?
There is no guaranteed completion date. The overall timetable depends on several separate stages:
- The notice period for your chosen ground.
- The time needed for the court to list and decide the claim.
- Any adjournment or contested issue.
- The possession date ordered by the judge.
- Bailiff availability if enforcement becomes necessary.
A four-week notice period does not mean the property will be recovered in four weeks. Likewise, selling or moving-in grounds generally require four months’ notice before court proceedings can begin, subject to the tenancy’s protected period.
How Much Does Eviction Cost?
Budget for each stage separately. Costs may include notice preparation, legal advice, the possession claim, representation at the hearing and enforcement.
At the time of this update, HMCTS’s published civil court fee schedule lists:
| Court action | Published fee |
|---|---|
| County court possession claim | £415 |
| Warrant of possession | £152 |
These are court fees, not a complete legal-services quotation. Check the current fee schedule before applying: some general eviction guidance still displays an older warrant fee.
Mistakes Landlords Should Avoid
Using an outdated notice
The current private-sector Section 8 form is Form 3A. An old template may not reflect the revised grounds or notice requirements.
Treating selling or moving in as a substitute for no-fault eviction
The stated intention must be genuine. Using Grounds 1 or 1A can trigger restrictions on reletting and remarketing, including a 12-month restricted period subject to statutory exceptions. Check those rules before making plans for the property.
Trying to force the tenant out
Changing locks, cutting off services, withholding keys or using threats can amount to unlawful eviction or harassment. Ownership of the property does not allow a landlord to bypass the legal procedure.
Frequently Asked Questions
Can I evict a tenant who is paying their rent?
Potentially. A qualifying intention to sell or move into the property may provide a ground for possession. You must still satisfy the relevant conditions, protected period and notice requirements.
What if the tenant reduces their arrears before the hearing?
If arrears fall below the required threshold, Ground 8 may no longer be established. Other rent-related grounds may be relevant if properly relied on, but possession is not automatic.
Can I still use the accelerated Section 21 procedure?
You cannot begin a new claim now using an expired transitional Section 21 route. Older proceedings started within the permitted deadline can continue under the applicable transitional rules.
Does the same process apply to a lodger living with me?
Not necessarily. An excluded tenancy or licence, such as some resident-landlord arrangements, can follow different rules. Confirm the occupier’s legal status before choosing a procedure.
Get Help With Your Eviction Case
The correct approach depends on your tenancy, possession grounds, evidence and any notice already served.
Contact Eviction Lawyers to discuss your circumstances and ask about assistance from its panel of solicitors. Have your tenancy agreement, rent statement, correspondence and existing notices ready so the case
