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 3 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.