The eviction process in England in 2026 has five stages: identify the correct ground, serve a compliant Section 8 notice, wait for the notice period to expire, apply to the county court for a possession order, and enforce the order if the tenant does not leave. Each stage has strict procedural requirements — a defective notice at stage one will invalidate the entire claim.
Section 21 notices served before 1 May 2026 remain valid for a transitional period: landlords have until 31 July 2026 to issue court proceedings on a pre-commencement Section 21. After that date, no new Section 21 proceedings are possible and all outstanding Section 21 claims revert to the new possession regime.
Step 1 — Identify the correct Section 8 ground
There are 18 grounds for possession under Schedule 2 of the Housing Act 1988. Mandatory grounds (1–8) require the court to grant possession if proven. Discretionary grounds (9–18) allow the court to refuse if it considers it reasonable not to order possession.
- Ground 1 — Landlord requires property as principal home: Mandatory. Two months' notice. Landlord must have previously lived in the property as their only or principal home
- Ground 1A — Sale of property: New mandatory ground under the RRA 2025. Four months' notice. Landlord intends to sell with vacant possession
- Ground 8 — Serious rent arrears: Mandatory. Two months' notice. Arrears of 3 months or more at both notice date and hearing date
- Ground 10 — Rent arrears: Discretionary. Two weeks' notice. Some rent lawfully due is unpaid
- Ground 14 — Nuisance or antisocial behaviour: Discretionary. Immediate notice. Conduct causing nuisance, annoyance or harassment
Step 2 — Serve a valid Section 8 notice
The Section 8 notice must be on the prescribed form (Form 3, as updated for the RRA 2025). An incorrectly completed or improperly served notice will be invalid and the court will strike out the possession claim.
- Use the current prescribed Form 3 (updated May 2026) — older versions are invalid
- State the correct ground(s) — you can cite multiple grounds on a single notice
- State the correct notice period — each ground has a specified minimum period
- Serve by a method permitted under the tenancy agreement or by statute (personal delivery, first class post, or email if contractually agreed)
- Keep proof of service — a certificate of service, signed delivery receipt, or postal record
- The notice period runs from the date of deemed service (not the date of sending)
Step 3 — Wait for the notice period to expire
Do not apply to court until the notice period has fully expired. Minimum notice periods under the RRA 2025 are significantly longer than under the previous regime:
- Grounds 1 and 1A: 4 months (previously 2 months for Ground 1)
- Ground 8 (serious rent arrears): 4 weeks (previously 2 weeks)
- Ground 14 (antisocial behaviour): Immediate (no minimum period — can apply same day)
- Most other grounds: 2 months minimum
- Grounds relating to the death of a tenant, false statement, or deterioration of property: 2 weeks
Step 4 — Issue a possession claim at the county court
Once the notice period has expired and the tenant has not vacated, issue proceedings at the county court using the Possession Claim Online (PCOL) portal or by filing Form N5 and N119 at the court counter.
- Use PCOL (possessionclaim.gov.uk) for mandatory grounds — faster and lower cost
- Include a copy of the tenancy agreement, the Section 8 notice, proof of service, and evidence supporting the ground
- For Ground 8 (rent arrears), include a rent account statement showing the arrears at the notice date
- Court fee: £391 for a standard possession claim (2026 rates)
- The court will list a hearing — typically 4–8 weeks after issue
Step 5 — Attend the hearing and enforce the order
At the hearing, the court will consider whether the ground is made out and, for discretionary grounds, whether it is reasonable to order possession. If the court grants a possession order:
- A standard possession order gives the tenant 14 days to vacate (extendable to 42 days on application)
- If the tenant remains after the possession date, apply for a warrant of possession (Form N325) — court bailiffs will attend to enforce
- For faster enforcement in high-value cases, apply to transfer the warrant to the High Court
- You cannot physically remove the tenant yourself — doing so is unlawful eviction, a criminal offence
- Once bailiffs attend and the property is vacated, change the locks immediately and document the condition
Compliance checklist before serving notice
A possession claim will fail if the landlord has not complied with certain pre-conditions. Check all of the following before serving a Section 8 notice:
- Deposit protected in a government-approved scheme and the prescribed information served
- EPC (Energy Performance Certificate) provided at the start of the tenancy
- Gas Safety Certificate (CP12) provided at the start of the tenancy and renewed annually
- EICR (Electrical Installation Condition Report) provided at the start of the tenancy
- How to Rent guide (England) provided at the start of the tenancy
- Renters' Rights Act Information Sheet served (required for all PATs from 1 May 2026)
- Licence held for the property if required (HMO, selective, or additional licensing)
- Address for service of proceedings provided in or with the tenancy agreement
Frequently asked questions
Can I still use a Section 21 notice in 2026?+
No new Section 21 notices can be served from 1 May 2026. Section 21 was abolished by the Renters' Rights Act 2025. If you served a valid Section 21 before 1 May 2026, you have until 31 July 2026 to commence court proceedings. After 31 July 2026, even transitional Section 21 notices cannot be used and you must start fresh under Section 8.
How long does eviction take in 2026?+
From serving the Section 8 notice to receiving a possession order typically takes 3–6 months: notice period (2 weeks to 4 months depending on ground), then 4–8 weeks for a court hearing, then 14–42 days for the tenant to vacate, then further weeks if enforcement by bailiffs is needed. Ground 14 (antisocial behaviour) is the fastest track — you can apply to court the same day the notice is served.
What is the difference between mandatory and discretionary grounds?+
For mandatory grounds (e.g. Ground 8 rent arrears, Ground 1A sale), if the ground is proven the court must grant possession — the judge has no discretion. For discretionary grounds (e.g. Ground 10 rent arrears, Ground 14 nuisance), the court can grant or refuse possession based on what is reasonable, even if the ground is technically made out.
My tenant owes 3 months' rent. Which ground should I use?+
Use both Ground 8 (mandatory — arrears of 3+ months at notice date and hearing date) and Ground 10 (discretionary — any unpaid rent) on the same Section 8 notice. Citing both maximises your chances: if the arrears drop below 3 months before the hearing (e.g. because the tenant makes a partial payment) you can still rely on Ground 10, though the court has discretion.
Does the tenant have to leave when the notice period expires?+
No. A Section 8 notice is not a possession order. If the tenant does not vacate after the notice period expires, you must apply to the county court for a possession order. Only a court order (enforced by bailiffs if necessary) can legally require the tenant to leave. Self-help eviction — changing locks, removing belongings — is a criminal offence.
What if my tenant pays off the arrears after I serve the Section 8 notice?+
For Ground 8 (mandatory), the arrears must exist at both the notice date and the hearing date. If the tenant clears the arrears before the hearing, Ground 8 fails — but you can still rely on Ground 10 (discretionary) or Ground 11 (persistent delay in paying rent) if you included those grounds. This is why citing multiple grounds on a single notice is best practice.