Important Notice: The Renters’ Rights Act 2026
Before reading further, you need to know about a fundamental change to eviction law.
The Renters’ Rights Act 2025 comes into force on 1 May 2026 and abolishes Section 21 ‘no-fault’ evictions. From that date, landlords will only be able to evict tenants using Section 8, with a specific legal reason (ground) required in all cases.
This article explains the current law as it applies before 1 May 2026, and flags where the Renters’ Rights Act changes the position. Given the proximity of that date, landlords should take legal advice before starting any eviction process now.
Evicting a tenant is one of the most legally sensitive things a landlord can do — and one of the most expensive when done incorrectly.
The process in England is governed by a strict legal framework. There is no shortcut. There is no informal route. Any attempt to evict a tenant outside the legal process — changing locks, removing belongings, cutting off utilities — is illegal under the Protection from Eviction Act 1977 and can result in criminal prosecution, unlimited fines, and civil compensation claims from the tenant.
Understanding the correct legal route, the required documents, the correct notice periods, and the court process is the only way to navigate a tenant eviction lawfully and effectively.
This guide explains the full legal process for evicting a tenant in England under the current law, including Section 21 and Section 8 notices, the court possession process, and what happens if a tenant refuses to leave.
London Stays covers UK property guides for landlords, investors, and tenants. This article provides general information only and does not constitute legal advice. If you are considering an eviction, consult a solicitor or specialist landlord legal service.
The Two Main Routes to Eviction
For assured shorthold tenancy (AST) holders — which covers most private residential tenants in England — there are currently two legal notices:
Section 21 — No-Fault Eviction
A Section 21 notice allows a landlord to seek possession of a property without giving any reason. It can be used:
- At the end of a fixed-term tenancy
- During a periodic (rolling) tenancy
Important: Section 21 is being abolished from 1 May 2026 under the Renters’ Rights Act. From that date, it will not be possible to issue new Section 21 notices. If you are considering using Section 21, seek urgent legal advice on whether there is time to proceed under the current rules.
Section 8 — Fault-Based Eviction
A Section 8 notice is used when a tenant has breached the terms of the tenancy. Unlike Section 21, you must state a legal reason — called a ground for possession — and this reason must be evidenced.
Section 8 will remain available after the Renters’ Rights Act comes into force and will become the only eviction route from 1 May 2026.
Section 21: How It Works (Current Law)
The notice form: Section 21 must be served using Form 6A. You cannot use a self-written letter — the prescribed form must be used.
Notice period: At least 2 months’ notice must be given.
Restrictions on when you can serve Section 21:
You cannot serve a valid Section 21 notice if:
- The tenancy started less than 4 months ago, or the fixed term has not ended
- You have received an improvement notice or emergency works notice from the local council within the last 6 months
- You have not provided the tenant with all of the following:
- A valid Gas Safety Certificate (before they moved in and on each annual renewal)
- An Energy Performance Certificate (EPC)
- The Government’s “How to Rent” guide (current version at the time of letting)
- Tenancy deposit protection and prescribed information (if a deposit was taken)
- The property is an HMO without a valid licence
After the notice period expires:
If the tenant does not leave voluntarily after the 2-month notice period, you must apply to court. The Section 21 process qualifies for an accelerated possession order, which is decided on the papers without a hearing — provided your documents are complete and correct.
Deadline to go to court: You must apply to court within 6 months of serving the Section 21 notice, or it expires and you must start again.
Section 8: How It Works
Section 8 is used when you have a specific legal reason to end the tenancy. The notice must be served on Form 3.
The grounds for possession are divided into two categories:
Mandatory grounds (the court must grant possession if the ground is proved):
- Ground 8 — Rent arrears of at least 2 months’ worth at both the date of notice and the date of hearing. Most commonly used; notice period is 2 weeks.
- Ground 1 — Landlord wants to recover their home (requires prior notice at the start of the tenancy). 2 months’ notice.
- Ground 2 — Mortgage lender seeking possession. 2 months’ notice.
- Ground 7A — Tenant convicted of a serious offence. 1 month’s notice.
Discretionary grounds (the court must decide whether it is reasonable to grant possession):
- Ground 9 — Landlord offering suitable alternative accommodation. 2 months’ notice.
- Ground 10 — Rent arrears (any amount, less than the Ground 8 threshold). 2 weeks’ notice.
- Ground 11 — Persistent late payment of rent. 2 weeks’ notice.
- Ground 12 — Any breach of the tenancy agreement. 2 weeks’ notice.
- Ground 13 — Deterioration of the property. 2 weeks’ notice.
- Ground 14 — Nuisance, annoyance, or illegal activity. Notice can be served with no minimum period required — proceedings can start immediately.
The most important grounds in practice:
For most landlords, the grounds most frequently used are Ground 8 (serious rent arrears), Ground 10/11 (rent arrears and persistent late payment), and Ground 14 (antisocial behaviour). Each requires solid documented evidence.
Read also- Am I too old to get a mortgage?
What You Must Have in Place Before Serving Any Notice
A notice that is technically invalid — however small the error — can be challenged by the tenant and rejected by the court, forcing you to start again from the beginning.
Before serving any notice, confirm that you have:
For Section 21:
- Provided a valid, up-to-date Gas Safety Certificate at the start of the tenancy and on each annual renewal
- Provided the EPC before the tenancy began
- Provided the “How to Rent” guide in the current version at the start of the tenancy
- Protected the deposit and provided the Prescribed Information within 30 days of receipt
- Not received an improvement notice from the council within the last 6 months
- Used the correct Form 6A and provided at least 2 months’ notice
- Not issued the notice within the first 4 months of the original tenancy
For Section 8:
- Evidence supporting the specific ground — rent account statements, written correspondence, neighbour complaints, photographs of damage
- Correct Form 3, completed accurately with the correct ground(s) stated
- Correct notice period for the ground(s) cited
The Court Process: Step by Step
If the tenant does not leave voluntarily after the notice period expires, you must apply to court. You cannot instruct bailiffs without a court order — doing so is illegal.
Step 1 — Apply for a Possession Order
For Section 21: apply for an accelerated possession order (no hearing required if documents are correct and no rent arrears are claimed). Use Form N5B.
For Section 8: apply for a standard possession order using Form N5 (claim) and Form N119 (particulars of claim). A court hearing will be scheduled — typically within a few weeks of the application.
Current timescales: The Ministry of Justice reported in Q2 2025 that the median time from claim to repossession was approximately 27.9 weeks nationally. London county courts experience particular delays. This means an eviction starting in early 2025 may not reach resolution until the end of the year.
Step 2 — Court Hearing (Section 8)
For Section 8 claims, attend the hearing with all your evidence. Be prepared to demonstrate:
- The ground(s) you are relying on
- That the required notice was correctly served
- That all prescribed information (deposit, EPC, Gas Safety, How to Rent) was provided
- Evidence supporting the ground (rent statements, correspondence, CCTV or police evidence for antisocial behaviour)
Step 3 — Possession Order Granted
The court grants a possession order specifying the date by which the tenant must vacate. This is usually 14 days after the order, though in hardship cases the judge can extend this to up to 6 weeks.
Step 4 — If the Tenant Still Does Not Leave
Apply for a warrant of possession (Form N325). This instructs county court bailiffs to attend the property on a specified date and physically remove the tenant and their belongings.
Bailiff appointment times through the county court have become very slow in many areas — some landlords wait months. An alternative is to transfer enforcement to the High Court and use High Court Enforcement Officers (HCEOs), who can typically act faster.
What You Cannot Do
The following actions are illegal, regardless of the circumstances:
- Changing the locks while the tenant is still in residence
- Removing the tenant’s belongings
- Cutting off gas, electricity, water, or other utilities
- Harassing or intimidating the tenant to encourage them to leave
- Entering the property without giving proper notice (usually 24 hours in writing)
These actions constitute illegal eviction and/or harassment under the Protection from Eviction Act 1977. The consequences include criminal prosecution, unlimited fines, and civil claims from the tenant for compensation that can significantly exceed any arrears owed to you.
The Renters’ Rights Act 2026: What Changes from 1 May 2026
The Renters’ Rights Act 2025 makes fundamental changes to eviction law in England:
- Section 21 is abolished — from 1 May 2026, no new Section 21 notices can be served
- All tenancies become periodic — fixed-term tenancies are abolished; all tenancies will roll month-to-month
- All evictions require a ground — only Section 8, with a stated legal reason, will be available
- New grounds are introduced — including Ground 1A (landlord wants to sell) and updates to rent arrears grounds
- New Form 3A — a new Section 8 notice form will apply from 1 May 2026
- 12-month protected period — tenants cannot be evicted in the first 12 months of a tenancy for the landlord wanting to sell or move in
The practical impact is that landlords will need a genuine legal reason to end any tenancy, and will need to evidence it through the court process.
Note on timing: Section 21 notices served before 1 May 2026 may still be pursued through court after that date, subject to transitional provisions — but landlords have a limited window. Court proceedings must be started before 31 July 2026; after that date, even earlier Section 21 notices cannot be used to start court proceedings.
How Long Does Eviction Take?
Under current law, a straightforward Section 21 accelerated possession case typically takes:
- 2 months’ notice: 8–10 weeks
- Court application to possession order: 4–8 weeks
- Bailiff enforcement (if needed): 6–12 weeks
Total minimum from notice to vacant possession: 5 to 9 months in a straightforward case; longer in contested cases or where county court bailiff backlogs are severe.
After the Renters’ Rights Act, Section 8 cases all require hearings, which may add time compared to the current accelerated Section 21 process.
For official guidance on eviction forms and process, check: GOV.UK — evicting tenants
Conclusion
Evicting a tenant in England requires strict compliance with a legal process that has minimal tolerance for error. A missed document, a wrong form, or an invalid notice can add months to the process and significant legal costs.
The most important things for any landlord considering eviction are:
- Confirm which route is available and appropriate
- Ensure all prescribed information was provided at the start of the tenancy
- Use the correct notice form and give the correct notice period
- Document everything in writing throughout the process
- Take professional legal advice before starting — the cost is significantly less than the cost of getting it wrong
And with the Renters’ Rights Act coming into force on 1 May 2026, any landlord considering using Section 21 should take urgent legal advice now.
For tenant and landlord rights information, check: Shelter England — housing advice
Frequently Asked Questions
Can I evict a tenant without going to court?
No — if the tenant does not leave voluntarily after the notice period expires, you must obtain a court possession order before you can legally remove them. There is no route to eviction without a court order in England. Attempting to remove a tenant without a court order — by changing locks, removing belongings, or cutting utilities — is illegal under the Protection from Eviction Act 1977 and can result in criminal prosecution and civil liability.
What is the quickest legal way to evict a tenant in England?
Currently (before 1 May 2026), Section 21 with an accelerated possession order is generally the fastest route for a no-fault eviction, as it does not require a court hearing. For fault-based evictions with strong evidence and a mandatory ground (such as Ground 8 rent arrears), Section 8 can be equally fast. In both cases, the minimum from serving notice to vacant possession through the full court process is typically five to nine months. After 1 May 2026, all evictions require a Section 8 hearing.
What changes to eviction law are coming in 2026?
The Renters' Rights Act 2025 abolishes Section 21 'no-fault' evictions from 1 May 2026. From that date, landlords can only evict tenants using Section 8, which requires a specific legal reason (ground) and is subject to a court hearing in all cases. Fixed-term tenancies are also abolished, replaced by rolling periodic tenancies. Landlords will not be able to evict tenants within the first 12 months of a tenancy solely because they want to sell or move back into the property.
