How to evict a tenant in England (2026 guide)
How to evict a tenant in England after Section 21: pick a Section 8 ground, serve Form 3A, go to court and use bailiffs, with real timings and fees.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Since 1 May 2026 a private landlord in England can only end an assured tenancy with a court order, after serving a Section 8 notice on Form 3A that relies on at least one ground.
- Notice periods run from none (Grounds 7A and 14) to 4 months (Grounds 1, 1A and 6), and court proceedings must start within 12 months of serving the notice.
- Issuing a possession claim costs £415 and a bailiff warrant costs £152, on the court fees in force from 13 July 2026.
- Private landlords' standard claims took a median of 24.6 weeks from claim to repossession in April to June 2026 (Ministry of Justice).
- If you took a deposit, the court can only make an order on most grounds if the deposit is protected and the prescribed information was given.
How to evict a tenant in England comes down to four steps: serve a Section 8 notice on Form 3A that relies on at least one legal ground, wait for the notice period to end, get a possession order from the county court, and, if the tenant still stays, ask the court to send bailiffs. Section 21 "no-fault" notices can no longer be used for private tenancies, so since 1 May 2026 every eviction needs a ground you can prove.
This guide is for private landlords letting on assured tenancies in England. If you're researching how to evict a tenant in the UK more widely, note that the eviction process in the UK is not one system: Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law. Social housing tenancies still use the old Form 3 regime.
How to evict a tenant: the process step by step
If you're asking "how do I evict a tenant?", the answer is the same eight steps whatever your ground. Only the notice period, the evidence and the court's discretion change.
- Check what kind of letting you have. Private assured shorthold tenancies became assured periodic tenancies on 1 May 2026 (unless an old Section 21 claim was already in court), and fixed terms no longer have any effect. You can end an assured tenancy only through a court order and its execution. A notice to quit from you has no legal effect. Lodgers and relatives living in your own home are usually a different case (see "Choose your situation" below).
- Check the deposit. If you took a deposit, the court can make a possession order only if the deposit is held in an authorised scheme, the scheme's initial requirements were met (even if late) and you gave the tenant the prescribed information. The exceptions are Grounds 7A and 14. See deposit protection.
- Choose your ground or grounds. Each ground has its own conditions, evidence and notice period. Mandatory grounds oblige the court to order possession if you prove them; discretionary grounds leave it to the judge. The full list is in Section 8 grounds.
- Complete and serve Form 3A. Name every joint tenant, copy the full legal wording of each ground into question 4.2, explain your reasons and evidence in question 4.3, set the earliest court date in question 2.1 and sign. Hand it over, deliver it to the property or send it by registered post. Use email only if the written tenancy agreement clearly allows it. Record service on form N215. See how to serve a Section 8 notice.
- Wait for the notice period. You can't issue a claim before the date in question 2.1, and you must start proceedings within 12 months of serving the notice.
- Apply to the county court. File forms N5 and N119 on paper, or use Possession Claim Online if the claim is based solely on rent arrears. The fee is £415 either way. The court fixes the hearing date when it issues the claim: at least 28 days later, and normally no more than 8 weeks.
- Attend the hearing. On a mandatory ground the court must order possession if you prove it, and the possession date is usually within 14 days (up to 6 weeks for exceptional hardship). On a discretionary ground the judge decides whether an order is reasonable and can suspend it on conditions. If you don't attend, the claim can be dismissed.
- Ask for bailiffs if the tenant stays. Apply for a warrant of possession (form N325, £152). The bailiffs must deliver a notice of eviction (form N54) to the property at least 14 days before the eviction. You can instead ask for the case to be transferred to the High Court for enforcement.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39How long each stage takes
| Stage | What happens | Time |
|---|---|---|
| Notice | You serve Form 3A | None to 4 months, depending on the ground |
| Issuing the claim | You file N5 and N119, or use PCOL | From the day after the notice date, within 12 months of service |
| First hearing | The judge hears the claim | At least 28 days after issue, normally within 8 weeks |
| Claim to order | Possession order made | Median 8.0 weeks |
| Claim to warrant | Warrant issued | Median 13.3 weeks |
| Warrant to repossession | Bailiffs carry out the eviction | Median 8.7 weeks |
| Claim to repossession | The whole court stage | Median 24.6 weeks (mean 33.6 weeks) |
The medians are for private landlords' standard claims in England and Wales, from the Ministry of Justice's mortgage and landlord possession statistics for April to June 2026 (published 13 August 2026, figures provisional). They cover only the first two months after the Renters' Rights Act changes, and most of those claims rested on older notices, so use them as a guide rather than a promise.
Worked example (rent arrears): serve a Ground 8 notice on Monday 2 November 2026 → earliest court date Monday 30 November 2026 → issue the claim on Tuesday 1 December 2026 → first hearing between 29 December 2026 and 26 January 2027 → at the median, repossession around 22 May 2027. Our eviction timeline calculator runs the same sums for your dates, and how long eviction takes explains what slows cases down.
Which ground fits your reason for eviction?
| Your reason | Ground | Type | Minimum notice |
|---|---|---|---|
| At least 3 months' (or 13 weeks') rent unpaid | 8, plus 10 and 11 | Mandatory (8) | 4 weeks |
| Smaller arrears or persistent late payment | 10, 11 | Discretionary | 4 weeks |
| You or a close relative will move in | 1 | Mandatory | 4 months, not in the first 12 months |
| You're selling | 1A | Mandatory | 4 months, not in the first 12 months |
| Demolition or substantial works | 6 | Mandatory | 4 months |
| A tenancy term has been broken | 12 | Discretionary | 2 weeks |
| Damage to the property or furniture | 13, 15 | Discretionary | 2 weeks |
| Nuisance or antisocial behaviour | 14 | Discretionary | None |
| Serious antisocial behaviour with a conviction or court finding | 7A | Mandatory | None |
| The Home Office says the tenant has no right to rent | 7B | Mandatory | 2 weeks |
| The tenancy was inherited after the tenant died | 7 | Mandatory | 2 months |
| A student HMO is needed for new students | 4A | Mandatory | 4 months, date between 1 June and 30 September |
| Your lender needs vacant possession to sell | 2 | Mandatory | 4 months |
If you use several grounds, the earliest court date is set by the longest notice period, unless the notice includes Ground 7A or 14, in which case the date can be the day you serve it. Section 8 notice periods shows how to count the days.
Choose your situation
Rent and the tenant's behaviour
- Rent arrears: Grounds 8, 10 and 11 and the 3-month threshold.
- Antisocial behaviour: Grounds 7A and 14, with no minimum notice.
- Damage to the property: Grounds 13 and 15 and the evidence a judge expects.
- Breaking the tenancy agreement: Ground 12 and the clauses that no longer count.
- No right to rent: Ground 7B and the Home Office notice.
You need the property back
- Selling the property: Ground 1A and the 12-month re-letting ban.
- Moving back in yourself: Ground 1 and the first-year bar.
- A family member moving in: which relatives count under Ground 1.
- Redevelopment or refurbishment: Ground 6 and the 6-month rule.
- Your mortgage lender needs possession: how Ground 2 works.
- Student lets: Ground 4A and the June to September window.
Less common situations
- The tenant has died: succession, Ground 7 and its 12-month deadline.
- The tenant has abandoned the property: why you can't just change the locks.
- No written tenancy agreement: verbal tenancies follow the same process.
- Evicting a lodger: why Section 8 usually doesn't apply.
- A family member or ex-partner: the questions that decide your route.
Notices, time and money
- Which eviction notice to use: Form 3A, and why letters and Section 21 no longer work.
- The tenant won't leave: what to do once the notice ends.
- Evicting a tenant quickly: the fastest lawful route.
- How long eviction takes: stage by stage, with a calculator.
- Eviction costs: court fees and the price of each route.
- Illegal eviction and harassment: what landlords must not do.
What eviction costs
The court fees in force from 13 July 2026 are £415 to issue a possession claim (paper or online, with a claim for rent arrears included at no extra fee) and £152 for a warrant of possession. Some GOV.UK guide pages still show the old £148 warrant fee; the fee order says £152. Transferring the case to the High Court for enforcement costs £126 (without notice) or £321 (on notice), plus £82 to seal the writ.
Our Section 8 notice costs £39 and our possession court pack (N5 and N119) costs £79. We prepare the documents and check them against the rules; you sign them, file them and pay the court fee yourself. See eviction costs for a full comparison with doing it yourself and using a solicitor.
What you must not do
Watch out: changing the locks, or using anyone other than court bailiffs or High Court enforcement officers to remove a tenant, is illegal eviction. Councils can impose a civil penalty of up to £40,000 for unlawful eviction or harassment, and it is also a criminal offence.
- Don't serve a notice to quit or a home-made "eviction letter". A landlord's notice to quit has no effect, and a document that claims to be a possession notice but isn't in accordance with section 8 can lead to a penalty of up to £7,000.
- Don't rely on a ground you don't reasonably believe you can prove. If the tenant then leaves within 4 months without a court order, you risk a penalty, or prosecution if you knew or were reckless.
- Don't re-let or advertise the property to rent during the restricted period after using Ground 1 or 1A. That can mean a fine on prosecution or a civil penalty of up to £40,000.
- Don't forget the deposit rules. The notice stays valid, but the order is blocked until you comply.
A further rule is in the Renters' Rights Act but not yet in force: once the private rented sector database duty applies, the court won't make a possession order (except on Grounds 7A and 14) while a landlord is in breach of it. Registration is due to open region by region from 15 December 2026. The full list of risks is in illegal eviction and harassment.
What happened to Section 21?
Section 21 was abolished for private tenancies on 1 May 2026, and 30 April 2026 was the last day to give one. Claims on those notices had to be started by 31 July 2026, so apart from rare breathing-space cases no new claim can be made on a Section 21 notice now. The accelerated procedure (form N5B) is limited to those transitional cases. Read more in Section 21 notices and Section 8 vs Section 21.
What to do next
- If you know your ground, start with a Section 8 notice. Our builder works out every notice period and date, and checks the grounds against your answers.
- If your notice has already expired and the tenant is still there, go to making a possession claim.
- To check dates before you serve, use the Section 8 notice period calculator.
In this section
How to evict a tenant for rent arrears
How to evict a tenant for rent arrears in England: Grounds 8, 10 and 11, the 3-month threshold, 4 weeks' notice, court fees and a dated timeline.
Evicting a tenant to sell your property (Ground 1A)
Renters' Rights Act rules for a landlord selling in England: Ground 1A, 4 months' notice, the 12-month protected period, the re-letting ban and a timeline.
Evicting a tenant to move back into your home
How to evict a tenant to move back in to your own home in England: Ground 1, 4 months' notice, the first-year bar, evidence and the 12-month re-let ban.
Evicting a tenant so a family member can live there
Can you evict a tenant for a family member to move in? Which relatives count under Ground 1, 4 months' notice, the first-year bar, evidence and re-let rules.
Evicting a tenant for antisocial behaviour
How to evict a tenant for antisocial behaviour in England: Ground 7A and Ground 14, no minimum notice, deadlines, evidence and a dated court timeline.
Evicting a tenant for damage to the property
How to evict a tenant for damage in England: Grounds 13 and 15, 2 weeks' notice, the evidence a judge expects, court fees and a timeline with real dates.
Evicting a tenant for breaking the tenancy agreement
How to evict a tenant for breach of tenancy in England: Ground 12, 2 weeks' notice, the clauses that no longer count after May 2026, evidence and a timeline.
Evicting a tenant to redevelop or refurbish
How to evict a tenant for refurbishment in England: when Ground 6 applies, 4 months' notice, the 6-month rule, the evidence you need and a dated timeline.
When your mortgage lender needs possession
Landlord mortgage repossession with a tenant in England: how Ground 2 works when a lender needs vacant possession, the 4-month notice and what to do first.
What happens when a tenant dies
If a tenant died, the tenancy may pass to a partner or under their will. When Ground 7 applies, the 12-month deadline, rent, guarantors and next steps.
Ending a student let after the Renters' Rights Act
Renters' Rights Act student lets explained: when Ground 4A applies to student HMOs, the 1 June to 30 September window, 4 months' notice and key 2027 dates.
How to evict a lodger in England
How to evict a lodger in England: why Section 8 and Form 3A usually don't apply to lodgers, the questions to answer first, and where the official rules are.
How to evict a family member or ex-partner
How to evict a family member or ex-partner in England: why it's rarely a Section 8 case, the questions that decide your route, and when to get advice.
Evicting a tenant with no written tenancy agreement
How to evict a tenant without a tenancy agreement in England: verbal tenancies still need Form 3A and a court order. Evidence, service and a timeline.
How to evict a tenant quickly (and legally)
How to evict a tenant quickly in England without breaking the law: the fastest grounds, avoiding invalid notices, court timings and bailiff options in 2026.
How long does it take to evict a tenant in 2026?
How long does it take to evict a tenant in England? Notice periods by ground, court and bailiff stages, Ministry of Justice median times, and a calculator.
How much does it cost to evict a tenant?
Eviction costs UK landlords face in 2026: the £415 claim fee, £152 bailiff warrant and High Court fees, with DIY, ValidNotice and solicitor routes compared.
Illegal eviction and harassment: what landlords must not do
Illegal eviction and harassment rules for landlords in England: the £40,000 civil penalty, prosecution, rent repayment orders and how to stay lawful.
Tenant won't leave after the notice ends: what now?
Tenant won't leave after your Section 8 notice ends? How to apply for a possession order, what happens at the hearing, bailiffs, fees and a dated timeline.
Eviction notice for tenants in England: which one to use
Which eviction notice do landlords in England use in 2026? Form 3A Section 8 explained, why Section 21 and letters no longer work, and the bailiffs' N54.
What to do if a tenant has abandoned the property
Think your tenant abandoned the property? England has no legal abandonment procedure. How to check, when it may be a surrender, and how to stay lawful.
Evicting a tenant who has no right to rent
How to evict a tenant who has no right to rent in England: Ground 7B, the Home Office notice, 2 weeks' notice, Right to Rent penalties and a dated timeline.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Can I evict a tenant without going to court?
Not an assured tenant. Since 1 May 2026 a landlord can only end an assured tenancy through a court order and its execution by bailiffs or High Court enforcement officers, apart from a narrow Home Office procedure for occupiers with no right to rent. A tenant can still leave by giving you notice in writing, or you can both agree an earlier end date in writing.
Can I evict a tenant in the first year of the tenancy?
Yes, on most grounds, such as rent arrears or antisocial behaviour. The exceptions are Ground 1 (moving in) and Ground 1A (selling): the date in the notice must fall at least 12 months after the tenancy began, so you may need to give more than the 4-month minimum.
Do I need a solicitor to evict a tenant?
No. An individual landlord can serve the notice, issue the claim and attend the hearing in person, and a company landlord can act without a lawyer too. A solicitor is the safer choice if the tenant defends the claim, raises disrepair, or the letting is unusual, such as a company let or a mixed-use property.
Does a missing gas safety certificate stop an eviction now?
No rule in the Housing Act 1988 makes gas safety, the EPC or the old How to Rent guide a condition of a Section 8 possession order. Deposit protection is the compliance rule the court checks. Gas safety failures are still criminal offences, and a tenant can raise disrepair in a defence and counterclaim.
What if my tenant pays off the arrears before the hearing?
Ground 8 fails if the arrears are below the threshold on the hearing day. That's why landlords usually add Grounds 10 and 11, which let the judge make an order if it's reasonable, even when the arrears have dropped.
Sources
Related guides
Section 8 notice: how to serve a valid notice in 2026
Prepare a Section 8 notice on Form 3A for England: choose the right grounds, get every date right and serve it properly. Checked against the 2026 rules.
Possession claims: taking a tenant to court in England
How a possession claim works in England after 1 May 2026: the N5 and N119 forms, the £415 court fee, real court timescales and what happens after the order.
Section 8 grounds for possession: the full list (2026)
All Section 8 grounds for possession in England from 1 May 2026: mandatory or discretionary, notice periods, time limits, and which grounds have gone.
How long does it take to evict a tenant in 2026?
How long does it take to evict a tenant in England? Notice periods by ground, court and bailiff stages, Ministry of Justice median times, and a calculator.
How much does it cost to evict a tenant?
Eviction costs UK landlords face in 2026: the £415 claim fee, £152 bailiff warrant and High Court fees, with DIY, ValidNotice and solicitor routes compared.
Illegal eviction and harassment: what landlords must not do
Illegal eviction and harassment rules for landlords in England: the £40,000 civil penalty, prosecution, rent repayment orders and how to stay lawful.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.