To lawfully evict a tenant in England after 1 May 2026: (1) confirm your deposit is properly protected — failure blocks Section 8; (2) identify the right ground (1A for sale, 8 for 3-month arrears, 14 for ASB, etc.); (3) serve a Form 3A Section 8 notice with the correct notice period (typically 2-4 months); (4) if the tenant doesn't leave, issue possession proceedings at the county court using Form N5 or N5B. Section 21 is abolished — no-fault eviction is gone in England.
Eviction is the one area where a landlord mistake can undo eighteen months of work. Serve the wrong notice, miss a deposit-protection deadline, or file the wrong form at court, and the claim is dismissed, you pay the filing fee, the tenant stays, and you start again. This guide walks you through what still works after 1 May 2026 and where the common traps sit.
Section 21 was abolished on 1 May 2026. Any eviction started on or after that date must be on a Section 8 ground. The 'no-fault' route is gone in England, though Grounds 1, 1A and 1B give a near-equivalent exit for owner-occupation or sale.
Step 1, Decide the ground
Every Section 8 possession claim turns on at least one statutory ground. Pick the one that actually describes your circumstances and document the evidence before you serve.
- Ground 1, you or a close family member want to move in. Mandatory. 4 months' notice. Tenancy must have run at least 12 months.
- Ground 1A, you intend to sell with vacant possession. Mandatory. 4 months' notice. Minimum 12-month tenancy. You cannot re-let for 12 months after serving.
- Ground 8, rent arrears of 3+ months (at service and at hearing). Mandatory.
- Ground 12/13/14, breach of tenancy, damage, anti-social behaviour. Discretionary, the court decides.
- Ground 6A, compliance with an enforcement notice (HMO closure, banning order). Mandatory.
Step 2, Serve the notice correctly
A defective notice is the most common reason claims fail. Use the current prescribed Form 3A under the Renters' Rights Act regime. Specify every ground you rely on. Include the full text of each ground you cite. Get the dates right, serve on a Monday and the notice period starts the next day.
If you failed to protect the deposit, or failed to serve the prescribed information within 30 days, Ground 8 claims are blocked until you repay the deposit in full. Check your Deposit Protection Registration paperwork before you serve.
Step 3, Evidence bundle
Prepare the documents now, not the week before the hearing. A court-ready bundle typically includes: the tenancy agreement, the deposit protection certificate and prescribed information, the gas safety certificate, the EPC, the EICR, the 'How to rent' booklet receipt, a rent ledger, copies of all notices, and proof of service for each one. For rent-arrears claims add bank statements and any pre-action correspondence.
Step 4, Issue the claim
If the notice period expires and the tenant has not left, issue a possession claim using Form N5 + N119 at the county court. Accelerated possession (Form N5B) is no longer available for most cases post-RRA. Filing fee is £355 (2026 figure). The court issues papers and lists a hearing usually 6–10 weeks later, depending on the court's backlog.
Step 5, Hearing and order
At the hearing, if you prove the ground and the notice was valid, the court makes a Possession Order. Mandatory grounds give a fixed date (usually 14 days). Discretionary grounds can give up to 42 days. If the tenant still does not leave after the order date, you apply for a warrant of possession, the county court bailiff then enforces. Never attempt self-help eviction: it is a criminal offence under the Protection from Eviction Act 1977.
What this costs
| Stage | Typical fee | Timeline |
|---|---|---|
| Notice preparation | £19 (LetSafe Section 8 pack) | Same day |
| Court filing (N5 + N119) | £355 | 1–2 weeks to issue |
| Hearing | Included in filing | 6–10 weeks after issue |
| Warrant of possession | £143 | 2–6 weeks after order |
| Total from start to bailiff | ~£500 + document costs | 14–22 weeks |
Faster alternatives
If your tenant communicates, offer a negotiated exit, a small cash-for-keys payment (£500–£2,000) is routinely cheaper than the court process and preserves the property. Mediation services are free through the Housing Loss Prevention Advice Service. Consider them before filing.
The <a class='underline text-brand-700' href='/shop/possession-recovery-bundle'>Possession Recovery Bundle</a> includes the Section 8 notice pack, a court-ready evidence checklist, the N5 guide, a rent ledger template, and the proof-of-service form, everything the judge will ask you to produce.