Evicting tenants in England — An overview

Evicting a tenant in England is a strictly regulated legal process. Landlords who attempt to remove tenants without following the correct procedure risk criminal prosecution for illegal eviction, civil claims for damages, and significant delays in regaining possession. This guide provides a clear overview of the lawful process, and explains how the Renters’ Rights Act fundamentally changes it from 1 May 2026. Reviewed March 2026.

What the rule is

A landlord can only lawfully recover possession of a residential property in England by following the statutory process set out in the Housing Act 1988 (as amended). That process is:

1. Serve a valid notice on the tenant (Section 8 notice using Form 3, or — before 1 May 2026 — a Section 21 notice)
2. Wait for the notice period to expire without the tenant vacating
3. Issue a court claim for possession using form N5 (standard) or N5B (accelerated, Section 21 only — abolished 1 May 2026)
4. Attend the possession hearing (or have the case decided on paper for certain grounds)
5. Receive a possession order from the court
6. Enforce the order via a warrant of possession if the tenant still does not leave

At no point can a landlord change locks, remove the tenant’s belongings, disconnect utilities, or harass the tenant into leaving. Doing so constitutes illegal eviction under the Protection from Eviction Act 1977, which is a criminal offence carrying unlimited fines and potential imprisonment.

When it applies

This process applies to all assured shorthold tenancies (ASTs) in England. Excluded licences and non-AST arrangements have different rules.

What landlords must do

Before serving notice:

• Check the tenancy is compliant (deposit protected and prescribed information served, gas safety certificate provided, EPC provided, How to Rent guide provided). Failure on any of these can prevent or delay a Section 21 notice from being valid (note: Section 21 is abolished 1 May 2026, but compliance with these requirements remains important for Section 8 claims too).
• Identify the correct Section 8 ground(s) and confirm the evidence supports them.

Notice stage:

• Complete Form 3 accurately, specifying the ground(s) relied upon and the date after which possession proceedings may be issued.
• Serve the notice correctly — by hand, recorded post, or as the tenancy agreement specifies.
• Keep proof of service.

Court claim stage:

• If the tenant has not left by the end of the notice period, issue a possession claim at the county court online (PCOL) or by post.
• Pay the court fee (currently £391 for a standard possession claim).
• Serve the claim on the tenant.

Hearing and enforcement:

• Attend the hearing with all evidence.
• If the order is granted, allow any compliance period in the order before applying for a warrant.

What evidence to keep

• Signed tenancy agreement and all prescribed information documents
• Proof of deposit protection
• Certificates: gas safety, EPC, electrical installation condition report
• Form 3 notice and proof of service
• Rent statement (essential for arrears grounds)
• Any ASB records, complaints, or police references if using ASB grounds
• All written communications with the tenant about the issue

What changed on 1 May 2026

Section 21 is abolished. The no-fault eviction route, which allowed landlords to end a tenancy without giving a reason, no longer exists for notices served on or after 1 May 2026. This is the most significant change to residential possession law in over 30 years.

The Accelerated Possession Procedure is abolished. This was the court procedure used exclusively for Section 21 claims that allowed possession without a hearing in many cases. It no longer applies.

Section 8 becomes the only route. All possession claims from 1 May 2026 must be based on one or more of the statutory Section 8 grounds, which require landlords to prove a reason. Grounds include rent arrears, breach of tenancy conditions, antisocial behaviour, the landlord wishing to sell, or the landlord or family member wishing to move in.

New and amended grounds introduced. The Renters’ Rights Act adds new mandatory and discretionary grounds, including grounds for landlords selling and for occupation by the landlord or a family member, with a 12-month moratorium that prevents landlords from using these grounds within the first 12 months of a tenancy.

Transitional provisions. Section 21 notices served before 1 May 2026 are only valid if possession proceedings were also commenced before that date. See the guide on Section 21 notices served before 1 May 2026 for urgent action required.

Common mistakes

• Attempting to evict without a court order (illegal eviction)
• Serving a Section 8 notice on the wrong form, or citing the wrong ground number
• Not allowing the full notice period before issuing proceedings
• Failing to attend the possession hearing without applying for an adjournment
• Assuming an outright possession order means the tenant will automatically leave — enforcement is a separate step

FAQ

How long does the eviction process take? Timescales vary. From notice to possession order typically takes 3–6 months for contested cases; enforcement adds further time. Cases where a mandatory ground is clearly proven can be faster.

Can I use a Section 8 notice and a Section 21 notice at the same time? Before 1 May 2026, yes. After 1 May 2026, only Section 8 is available. Even before that date, if the Section 21 route fails, you can rely on Section 8 grounds concurrently.

What if the tenant pays off their arrears before the hearing? For mandatory Ground 8 (two or more months’ arrears), the tenant must owe that amount at the time of both the notice and the hearing. If they reduce arrears below the threshold before the hearing, the mandatory ground may fail. Discretionary grounds may still apply.

Can I use a letting agent or solicitor to manage this? Yes — and for contested claims in particular, instructing a solicitor experienced in possession proceedings is strongly recommended.