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The complete 2026 eviction process after Section 21 abolition — from choosing the right ground to bailiff enforcement.
Since Section 21 was abolished by the Renters' Rights Act 2025, the eviction process in England has changed fundamentally. Landlords can no longer serve a no-fault eviction notice. All possession claims must now be made under Section 8 of the Housing Act 1988, using one or more of the statutory grounds for possession.
This means every eviction requires a valid reason, proper evidence, and a court order. The process is more structured than before, but if you follow each step correctly, you can regain possession of your property lawfully and efficiently.
This guide walks you through every step of the process — from identifying the correct ground, through serving notices and applying to court, to enforcing the possession order if the tenant does not leave voluntarily. Whether you are dealing with rent arrears, anti-social behaviour, or need your property back for sale or personal use, the process follows the same fundamental structure.
Before anything else, determine which ground or grounds for possession apply to your situation. The Renters' Rights Act provides both mandatory and discretionary grounds. Using the wrong ground — or one you cannot evidence — wastes time and money.
Mandatory grounds mean the court must grant possession if the ground is proved. With discretionary grounds, the court also considers whether it is reasonable to grant possession, taking into account the tenant's circumstances.
For the full list of all available grounds, see our grounds for possession guide or the Section 8 grounds reference table. If you are unsure which ground applies, try our Section 8 ground selector tool.
The strength of your case depends entirely on your evidence. For mandatory grounds, you still need to prove the ground is met on the balance of probabilities. For discretionary grounds, the court also considers whether it is reasonable to grant possession — and strong evidence of the impact on you as the landlord and on other residents will weigh in your favour.
Start gathering evidence as early as possible. Courts expect documentary proof, not just verbal assertions. The more thorough your evidence, the stronger your case and the less likely it is that the tenant can successfully challenge the claim.
The Section 8 notice is the formal first step in the legal process. It is a prescribed form — currently Form 3A — and must be completed with precision. An incorrectly completed notice is the most common reason possession claims fail, so take the time to get it right.
For detailed guidance on completing and serving the notice, see our guide on how to serve a Section 8 notice.
The minimum notice period varies depending on which ground you are using. Serving the wrong notice period invalidates the notice entirely, so always check carefully:
Use our notice period calculator to check the correct period for your specific ground.
After the notice period has expired, you can apply to the county court for a possession order. You must not apply before the notice period expires — doing so will result in the claim being struck out. There are two routes available:
For a detailed comparison of the two routes, see our guide to the accelerated possession procedure.
If you have used the standard possession claim route, the court will schedule a hearing. What happens at the hearing depends on whether you are relying on mandatory or discretionary grounds.
If you prove the ground is met on the balance of probabilities, the court must grant possession. The tenant's personal circumstances are not relevant (subject to very limited human rights defences). The hearing focuses entirely on whether the evidence establishes the ground. For example, with Ground 8 (serious rent arrears), the court checks whether at least 3 months' rent was owed both when the notice was served and at the date of the hearing.
The court considers two separate questions: first, is the ground proved? And second, is it reasonable to grant possession? When assessing reasonableness, the court considers the tenant's circumstances, the severity of the breach, whether the tenant has taken steps to remedy the situation, the impact on any children or vulnerable persons in the household, and any other relevant factors.
If the tenant does not leave by the date specified in the possession order, you must not take matters into your own hands. Changing the locks, removing the tenant's belongings, or physically removing the tenant is illegal eviction — a criminal offence under the Protection from Eviction Act 1977, carrying penalties including fines and imprisonment.
Instead, you must apply to the court for enforcement:
For more detail on the enforcement process, see our guide to the bailiff eviction process in the UK.
The total time from deciding to evict to regaining possession varies significantly depending on the ground, whether the case is contested, and how busy the local county court is. Here are realistic timelines:
Use our eviction timeline estimator to get a personalised estimate based on your specific circumstances.
Eviction is not cheap. Beyond the direct legal costs, there are indirect costs such as void periods (lost rent while the property is empty) and the time you spend managing the process. Here is a breakdown of the main costs:
Many landlords choose to represent themselves in court to save on solicitor fees. This is entirely permissible, and for straightforward mandatory ground cases, it is a realistic option. For complex discretionary ground cases, or where the tenant has legal representation, instructing a solicitor is usually advisable.
No matter how frustrated you are, or how clear-cut you believe your right to possession is, you must never attempt to remove a tenant without a court order. The consequences of illegal eviction are severe and can far outweigh the cost of doing things properly.
These actions constitute illegal eviction or harassment under the Protection from Eviction Act 1977. The criminal penalties include unlimited fines and up to two years' imprisonment. The tenant can also bring a civil claim for damages, which can be substantial — courts have awarded tens of thousands of pounds in illegal eviction cases.
For more on the consequences, see our articles on illegal eviction penalties and whether a landlord can evict without a court order.
No. In England, a landlord must obtain a court order before evicting a tenant from an assured tenancy. The only exception is excluded occupiers such as lodgers who share accommodation with the landlord. For all other private tenancies, you must serve a Section 8 notice, apply to the county court, and obtain a possession order before the tenant can be lawfully required to leave.
The minimum court fees are approximately £485 in total: around £355 for the possession claim and around £130 for the warrant of possession if needed. If you instruct a solicitor, fees typically range from £1,500 to £5,000 or more depending on the complexity and whether the case goes to a contested hearing. Many landlords represent themselves to save costs, which is entirely permissible.
No. Section 21 no-fault evictions are abolished from 1 May 2026 by the Renters' Rights Act 2025. All possession claims must now be made under Section 8 of the Housing Act 1988, using one or more of the statutory grounds for possession. Any Section 21 notice served before the commencement date that has not yet led to a court order will cease to have effect.
If you are relying on mandatory Ground 8 (serious rent arrears of at least 3 months), the ground must be satisfied both when the notice is served and at the date of the hearing. If the tenant reduces the arrears below 3 months before the hearing, Ground 8 falls away. This is why it is strongly advisable to also cite discretionary Ground 10 (some rent owed), which would still apply even if the arrears are partially paid down.
Yes. A tenant can apply for permission to appeal a possession order within 21 days of the order being made. The appeal is heard by a circuit judge. The tenant must show that the original decision was wrong or that there is a compelling reason for the appeal to be heard. While an appeal is pending, the possession order is usually stayed, meaning the landlord cannot enforce it.
After a lawful eviction, the landlord should store any belongings the tenant has left behind and give the tenant a reasonable opportunity to collect them. There is no fixed statutory period, but best practice is to write to the tenant at their last known address giving at least 14 days to collect their possessions. If they do not collect them, the landlord may dispose of the items, but should keep a record of efforts made to contact the tenant.
Detailed walkthrough of every Section 8 ground available to landlords.
Quick-reference table of all grounds, notice periods, and whether they are mandatory or discretionary.
Answer a few questions to find which possession ground fits your situation.
Get a personalised estimate of how long your eviction is likely to take.
Check the correct notice period for any Section 8 ground.
All our eviction guides, tools, and resources in one place.
Generate your complete document pack in minutes. A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong.
This article is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.