Legal Framework & Notice Overview
The eviction process in England is primarily regulated by the Housing Act 1988 and the
Civil Procedure Rules (Part 55), which outline the legal pathway landlords must follow
to regain possession of a residential property.
⚖️ Legal Compliance Required
Strict adherence to Housing Act 1988 and Civil Procedure Rules (Part 55) is essential
for successful evictions.
Landlords typically pursue possession using one of two legal routes:
- Section 21 Notice (No-Fault Eviction)-Enables landlords
to reclaim their
property without needing to provide a reason, provided they give the tenant at least two
months’ notice and meet all compliance requirements.
- Section 8 Notice (Fault-Based Eviction)-Used when
tenants have breached the
tenancy agreement. Landlords must specify one or more of the 17 statutory
grounds for eviction, such as rent arrears, antisocial behaviour, or property
damage.
Under Part 55 of the Civil Procedure Rules (CPR), all possession proceedings must
follow a structured
legal process:
serve the appropriate notice → wait for the notice period → apply to the court for a possession
order.
Following this legal sequence correctly is essential to avoid delays, dismissed claims, or financial
losses.
Step-by-Step Eviction Process
1
Serving the Correct Notice
Use Section 21 for no-fault evictions; Section 8 when the tenant breaches the tenancy.
Section 21 Checklist:
- Tenant must have an AST
- No fault needed
- Must wait at least 4 months (fixed term or start date) before serving
- Provide gas safety certificate, EPC, How to Rent guide, and deposit protection
documentation
- Use the correct Form 6A or equivalent notice
Section 8 Essentials:
- Must cite one or more grounds from Schedule 2 (e.g. rent arrears Ground 8, antisocial
behaviour Ground 14)
- Notice periods vary: from 2 weeks (Grounds 8/10/11 etc.) to 2 months (mandatory Grounds
1, 2, 5, 6, 7A, 7B)
- Combine discretionary with mandatory grounds to strengthen claims
2
Uncontested vs Contested Claims
Uncontested = no defence filed; contested = tenant registers a defence, court hearing required.
Section 21 supports accelerated possession: no hearing if unchallenged.
Section 8 automatically requires contested process and legal representation at court if a defence is
submitted.
3
Filing Court Documents & Evidence
You must file the correct forms along with evidence and proof of service.
Required items:
- Section 8/21 notice served and proof via Form N215 or certificate of service
- Tenancy agreement and AST documentation
- Deposit protection certificate & prescribed information
- Safety documents (gas, EPC, electrical)
- Evidence: arrears ledger, photographic documentation, incident logs
- Forms: N5 (claim form), N119 (particulars of claim), N7A (advice to defendant), N11R (defence
form)
Court sets a hearing date 21–56 days from issue; claim form defendants must
serve defences at least 21 days before hearing.
4
The Hearing & Judge's Decision
Judge reviews compliance, tenant defences, and evidence before ruling.
At hearing:
- Tenant may dispute notice validity or claim retaliatory eviction, missing deposit or safety
documents
- Landlord must present evidence and witness statements
- Judge may grant outright, suspended, or conditional possession orders based on fairness and
hardship considerations
- Protections under the Protection from Eviction Act 1977 still prevent forced eviction without
court order
Landlords must apply for a warrant of possession and use court-appointed bailiffs to execute
eviction.
After an order:
- Apply for warrant for possession
- Bailiffs serve eviction notice and enforce removal
- Illegal evictions without warrant expose landlords to prosecution under the Protection from
Eviction Act 1977