The eviction process from May 2026, key changes
- From 1 May 2026, Section 21 (no-fault eviction) has been abolished under the Renters' Rights Act 2025. All possession proceedings now require a valid Section 8 ground, the landlord must prove one or more of the mandatory or discretionary grounds in Schedule 2 of the Housing Act 1988
- The only route to possession is now Section 8: serve a valid Form 3A notice, wait for the notice period to expire, issue possession proceedings in the county court if the tenant does not vacate, attend a hearing, obtain a possession order, and enforce it if necessary
- The eviction process from notice to vacant possession typically takes 4�8 months for an uncontested case and 6�18+ months for a contested case, longer than the pre-RRA Section 21 process
- Mandatory grounds (Ground 8, arrears; Ground 1, landlord moving in; Ground 1A, sale): if proven, the court must grant possession. Discretionary grounds: the court may grant possession if it is reasonable to do so
- Rent guarantee insurance with legal expenses cover is now more important than ever, legal costs for a contested Section 8 claim can exceed �10,000��20,000
Step 1, Serving the Section 8 notice (Form 3A)
- Complete Form 3A accurately: tick the ground(s) you are relying on, provide particulars of the ground (e.g. arrears amount and dates), and specify the notice expiry date
- Notice periods from May 2026: Ground 8 (2+ months' arrears), 4 weeks. Ground 1 (landlord moving in), 4 months. Ground 1A (sale), 4 months. Most other grounds, 4 weeks to 2 months depending on the ground
- Service of the notice: serve by first-class post, hand delivery, or email (if the tenancy agreement contains an email service clause). Do not serve by text message, this is not a valid service method for a statutory notice
- Keep proof of service: first-class post service is deemed effective 2 working days after posting, keep your proof of postage. For email service, keep your sent email and any delivery/read receipt
- Check compliance pre-conditions: you cannot serve a valid Section 8 notice if: the deposit is not protected in a scheme, the Gas Safety Certificate was not provided, or the How to Rent guide / RRA Information Sheet was not served. Check compliance before serving
Step 2, Issuing possession proceedings in the county court
- If the tenant does not vacate by the notice expiry date, issue possession proceedings using the Possession Claim Online (PCOL) system (for claims based on arrears) or by filing a Form N5 (general possession) at the county court
- Court fee: currently �391 for a standard possession claim. Legal costs for instructing a solicitor are additional, many rent guarantee insurance policies cover these
- The claim is served on the tenant by the court. The tenant has a set period to file a defence (usually 14 days). If no defence is filed, you can apply for a hearing date
- Accelerated possession: for cases where there is no dispute about the ground (e.g. clear rent arrears with no counterclaim), applications can be made for an early hearing. The judge may consider 'paper determination' without a hearing in straightforward cases
- Counterclaims: tenants may file a counterclaim (e.g. disrepair) which can delay proceedings significantly. Address any outstanding repair issues before issuing proceedings to reduce this risk
Step 3, The possession hearing
- Most possession hearings are allocated approximately 5�15 minutes in the county court. For contested cases with a disrepair counterclaim, a longer hearing will be listed
- Mandatory grounds: if you are relying on Ground 8 (2+ months' arrears at the date of service and at the date of hearing), the court must grant possession if the ground is proven, the court has no discretion to adjourn or suspend
- Discretionary grounds: the court may grant possession, adjourn, or dismiss if relying on a discretionary ground (e.g. persistent delay in paying rent). The court will consider whether it is reasonable to grant possession
- Suspended possession order: the court may grant a suspended possession order, possession is granted but suspended provided the tenant pays the current rent plus arrears instalments. If the tenant breaches the suspended order, you can apply for a warrant of possession without a further hearing
- Representation: you may represent yourself at a possession hearing. Instructing a solicitor or barrister is advisable for contested cases or where the tenant has a counterclaim
Step 4, Enforcing the possession order
- If the tenant does not vacate by the date specified in the possession order, apply for a warrant of possession using Form N325. The court bailiff will then arrange an eviction appointment
- Bailiff eviction timelines: county court bailiff appointments typically take 6�12 weeks to schedule. For faster enforcement, apply to transfer the enforcement to the High Court and instruct a High Court Enforcement Officer (HCEO), typically 2�4 weeks
- High Court transfer: apply to transfer using Form N244. The court fee is �78. Once transferred, instruct a HCEO directly. HCEOs can enforce more quickly than county court bailiffs in most cases
- On the day of eviction: ensure you (or your agent) attend the eviction appointment. The bailiff or HCEO will attend the property, confirm the tenant has vacated, and hand you the keys
- Tenant's belongings: if the tenant leaves belongings at the property after eviction, you have a duty of care under the Torts (Interference with Goods) Act 1977. Serve a notice of intended sale or disposal and store belongings for a reasonable period before disposing of them