Evicting a Tenant in England: Section 8 Grounds for Possession 

Evicting tenants after the Renters Rights Act is live in England? Section 21 has been abolished since 1st May 2026. Landlords cannot serve a notice without giving a specific reason to regain possession of the property. Herby, new tenancy laws require landlords to use legitimate grounds under Section 8 of the Housing Act 1988. You will need a valid ground, correct notice, and a court order if needed.

Our Property Management team can guide you on how to evict a tenant, from identifying the right ground to the correct notice procedure. 

Note: This guide covers assured periodic tenancies, which now apply to most private residential lettings in England. It does not cover lodger arrangements with a resident landlord, commercial lets, properties with annual rent above £100,000, or certain other types of occupation. Different rules may apply to these arrangements. Get specific advice if your tenancy is one of these.

Section 21 Abolished After 1st May 2026: How to Evict Tenants Now

The First Phase of the Renters Rights Act came into effect from 1st May 2026. Section 21 “no-fault” eviction notice is gone, and landlords can no longer serve a two-month notice without giving valid reasons. Assured fixed-term tenancies are converted into periodic tenancies. Tenants can leave by giving notice of two months to landlords.  

The eviction process will now need a Section 8 Notice using a valid ground for possession.

Section 8: Possession Grounds

Not all Section 8 grounds work in the same way. Section 8 possession grounds are divided into two categories:

1. Mandatory Grounds

If the mandatory grounds apply and are proven, the court must grant possession without any judicial discretion involved.  The mandatory grounds are as follows:

2. Discretionary Grounds

If the discretionary ground is proven, the judge will decide whether to grant possession reasonably. These grounds are:

Source of the tables: Grounds for possession: Section 8 – GOV.UK 

How Long Should Be the Notice Period for Section 8?

The notice period depends on the ground for possession. For landlords in England, the notice period for each ground is as follows:

Grounds 1 and 1A have two extra conditions: neither can be used within the first 12 months of a tenancy, and once you’ve relied on either ground, you can’t market or re-let the property for 12 months afterwards.

Eviction Process Using Section 8 of the Housing Act 1988 

When landlords want to evict tenants or regain possession of the property, the only route is a Section 8 Notice. They can use the following steps:

Step 1: Identify Your Ground For Possession Ground

Decide why you want to evict tenants. Use a legitimate ground such as rent arrears, anti-social behaviour, or that you want to move in or sell the property. Identify the correct ground to serve the notice.

If rent arrears are the ground, remember that eviction is a last resort. Landlords who want to remove that risk sometimes turn to a Guaranteed Rent scheme, which pays a fixed monthly rent even if tenants miss payments. So arrears never become a reason to go to court in the first place.

Zero missed rent payments or void periods with our Guaranteed Rent service. Explore now!

Step 2: Serve the Section 8 Notice

Use the Form 3A to serve a Section notice providing the reason and ground due to which you want the tenant to leave the property. You can get this form from the following link: Assured tenancy forms – GOV.UK. 

Step 3: Notice Periods By Grounds

The duration of the notice period or wait depends on the ground you describe to evict the tenant. For example, for anti-social or bad behaviour, there is no log notice period, or for other reason the notice period may vary from one month to two months.

Step 4:  Apply To The Court For A Possession Order 

If the tenant does leave when the notice period expires. The next step is seeking a possession order through the court. The possession order is a legal decision asking the tenant to leave the property. The accelerated possession order no longer exists, so this must be a court hearing rather than an issuing decision on paper. 

Step 5: Apply For A Warrant For Possession

If the court granted a possession order and the tenant still does not leave, the landlord will complete a warrant of possession (Form N325) and send it to the same court which granted the possession order.

Step 6: Bailiff Enforcement

The final stage is regaining possession and enforcing the order through court bailiffs. They give a 14-day period to vacate the property, and if the tenant still does not leave, they make the tenant leave themselves. 

If speed matters, you can apply to transfer enforcement from the county court to a High Court Enforcement Officer (HCEO) instead of waiting for a county court bailiff appointment. HCEOs can often act faster, though a separate court fee applies and is only available once you already have a possession order.

If the court also awarded you a money judgment for unpaid rent alongside the possession order, it is normally enforceable for six years. So you’re not out of time to chase the debt just because the tenant has already moved out.

Possession Claim Process

To start the claim, complete Form N5 (claim for possession) together with Form N119 (particulars of claim) and pay the court fee (£415 as of July 2026). The court serves these on your tenant, who then has 14 days to file a defence on Form N11R if they want to dispute the claim. If they don’t respond, the case can still usually proceed to a hearing (or, for some mandatory grounds, a decision on the papers).

According to GOV.UK’s latest possession statistics (October to December 2025), the median time from claim to possession order is around 7.3 weeks, with enforcement currently taking roughly 27 weeks in total from claim to actual repossession. Hearings can also end in outcomes other than outright possession, including a suspended or postponed order, an adjournment, or dismissal if the ground isn’t proven.

What to Do When Your Tenant Does not Leave by Notice Date

The landlord will apply to the court if tenants do not leave by the stated notice date. Landlords can only start a possession claim if the date on the notice served has expired and the tenants don’t leave.

The landlord must apply to the court within a deadline which depends on when the notice was served.

• If the notice was served before 1st May 2026, the deadline is 31 July 2026 or 12 months from the date the notice was served
• If the notice is served after 1st May 2026, the deadline is 12 months after the landlord served the Section 8 notice.

Tenants Rights and Illegal Eviction

Tenants have the right to challenge the eviction if:

• The notice doesn’t include the correct details
• The landlord hasn’t given a proper reason or possession ground
• The landlord hasn’t protected your deposit under the landlord Tenancy Deposit Scheme.

Because Section 21 no longer exists, a landlord can’t simply retaliate against a tenant who’s complained about disrepair by serving a no-fault notice. Every Section 8 ground still has to be proven in court, and judges can take a tenant’s genuine, ongoing complaint into account when weighing whether a ground is being used in good faith.

It’s also illegal for a landlord to evict a tenant without going through the courts. A landlord cannot change the locks, remove a tenant’s belongings, or force them out; only bailiffs acting on a court warrant can do that. Doing otherwise is a criminal offence under the Protection from Eviction Act 1977, and tenants can report this to their council or solicitor.

Misuse of Grounds

If a landlord chooses the wrong ground or can’t prove it, the court can cancel the case. Common examples of misuse:

• Claiming rent arrears that don’t actually meet the required threshold.
• Using a “moving in” or “selling” ground without intending to do so.

If a tenant believes a ground has been used unfairly or dishonestly, they can challenge it at the court hearing. 

Consider a Negotiation Before You Go to Court

Going to court isn’t always the fastest or cheapest option. If your tenant is willing, a mutual surrender can end the tenancy by consent on an agreed date, without serving a Section 8 notice or applying to court at all. It won’t work if the tenant refuses or disappears. But if they accept the situation, it can save months and hundreds of pounds in court fees. 

Many Section 8 cases start as everyday landlord-tenant disputes over rent, repairs, or behaviour, and understanding how these disputes arise and get resolved can avoid court action. 

Landlord Best Practice Tips Before Starting Court Action

A few practical habits that make a Section 8 case easier if it ends up in court:

• Keep detailed records of rent payments, arrears, and any breaches; you’ll need evidence if the case reaches court.
• Document property inspections and any repairs or disrepair reports, in case a tenant raises a disrepair-related defence.
• Get legal advice early, especially for grounds that require proving intent, such as Ground 1 or 1A.
• Talk to your tenant before serving notice; a payment plan or negotiated surrender can resolve things faster than court

Evictions trace back to a tenancy that wasn’t quite right from the start. So thorough Tenant Referencing before you sign a new tenancy reduces the risk of ever reaching this point again. Find the right tenants for your property!

Landlord Compliance Checks Before You Evict

Before serving any notice, make sure you’ve met these Renters’ Rights Act obligations too. Otherwise, it may delay your case or trigger a separate fine of their own.

Serve the Renters’ Rights Act Information Sheet

If your tenancy started before 1st May 2026, give the tenant the government’s official Information Sheet explaining how the reforms affect their tenancy by email as a PDF attachment (not just a link), or in print. The deadline is 31 May 2026. Missing it otherwise carries a civil penalty of up to £7,000, and if the breach continues it can become a criminal offence with fines of up to £40,000.

Complete Right to Rent Checks

Among the many UK landlord responsibilities, one is carrying out Right to Rent checks. As a UK landlord, check that every adult occupier has the right to rent in the UK before the tenancy starts, and repeat the check before a time-limited right expires (Ground 7B only comes into play once a right to rent turns out to have been false). 

For this purpose, ask the tenant to generate a Right to Rent share code, which you can use to check their status online. Otherwise, you have to face civil penalties of up to £10,000 per lodger or £20,000 per occupier for repeat breaches, reduced by 30% if you pay within 21 days. 

Register on the Private Rented Sector (PRS) Database

From late 2026, landlords and their properties must be registered on the new national PRS Database, rolling out region by region through 2027. Once it applies in your area, an unregistered landlord cannot get a Section 8 possession order. The only exceptions are Ground 7A and Ground 14 (serious anti-social or criminal behaviour). So registering as soon as the service opens for your area is worthwhile to avoid non-compliance penalties.

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