This article is for general information only and does not constitute legal advice. Seek professional advice before commencing possession proceedings.
From 1 May 2026, every eviction in England runs through Section 8 of the Housing Act 1988. Section 21 is abolished. There is no shortcut, no alternative form, and no accelerated procedure.
The process has five stages: choose the right ground, serve the notice correctly, file at court, attend the hearing, and enforce the order. Each stage has specific legal requirements, and a mistake at any stage can reset the clock.
Step 1: identify the correct ground
Schedule 2 of the Housing Act 1988, as amended by Schedule 1 of the Renters' Rights Act 2025, lists 37 grounds for possession. They split into mandatory grounds (the court must grant possession if the ground is proved) and discretionary grounds (the court considers whether it is reasonable to grant possession).
The ground you choose depends on your situation:
| Situation | Ground | Notice period | Mandatory? |
|---|---|---|---|
| Want to sell | Ground 1A | 4 months | Yes |
| Want to move in | Ground 1 | 4 months | Yes |
| Serious rent arrears (2+ months) | Ground 8 | 4 weeks | Yes |
| Persistent late payment | Ground 11 | 2 weeks | Discretionary |
| Anti-social behaviour | Ground 14 | Immediate (in serious cases) | Discretionary |
| Property condition (tenant damage) | Ground 13 | 2 weeks | Discretionary |
| Breach of tenancy terms | Ground 12 | 2 weeks | Discretionary |
Grounds 1 and 1A cannot be used in the first 12 months of the tenancy.
For a detailed explanation of every ground, including the newer ones added by the Renters' Rights Act, see our Section 8 grounds guide.
Step 2: serve the Section 8 notice
The notice must be in the prescribed form. Use Form 3, available from GOV.UK. The notice must state the ground(s) relied upon, the earliest date on which proceedings can begin, and the facts supporting each ground.
Common errors that invalidate a notice: using an outdated form, citing the wrong notice period, failing to specify the ground clearly, or not serving the notice on every tenant named on the agreement.
Serve the notice by hand, by first-class post, or by leaving it at the property. Keep proof of service. If you serve by post, add two working days to the notice period.
Step 3: wait for the notice period to expire
Each ground has a prescribed minimum notice period. You cannot apply to court until that period has elapsed. Applying too early results in the claim being struck out, and you start again.
For Ground 1A (selling), the notice period is four months from the date of service. For Ground 8 (serious rent arrears), four weeks. For anti-social behaviour under Ground 14 in the most serious cases, the notice can specify that proceedings begin immediately.
During the notice period, the tenant may choose to leave voluntarily. If they do, the tenancy ends when they give up possession and return the keys. You do not need a court order if the tenant leaves of their own accord.
Step 4: file a possession claim
If the tenant remains after the notice expires, you apply to the county court for a possession order.
File using Form N5B (for Section 8 claims). The court fee is currently £355. Include a copy of the Section 8 notice, proof of service, the tenancy agreement, and evidence supporting your ground (rent statements for arrears, valuation letter for Ground 1A, etc).
The court lists the case for a hearing, typically four to eight weeks after filing, though this varies by region. Courts in London, Birmingham, and other major cities often take longer.
Step 5: attend the hearing
At the hearing, a district judge considers whether the ground is established. For mandatory grounds, the judge has no discretion: if you prove the ground, you get a possession order. For discretionary grounds, the judge weighs reasonableness.
The tenant can defend. For Ground 8 (rent arrears), the most common defence is reducing the arrears below two months' rent before the hearing. If the tenant does this, Ground 8 fails, though you may still rely on discretionary Ground 10 or 11 if cited.
If the court grants possession, it specifies a date by which the tenant must leave. For mandatory grounds, this is usually 14 days (or up to 42 days if exceptional hardship is shown).
Step 6: enforcement
If the tenant does not leave by the date on the possession order, you apply for a warrant of possession (Form N325). The court instructs county court bailiffs to attend the property and remove the tenant.
Bailiff appointment times vary. In busy courts, the wait can be four to six weeks. You must not change the locks, remove the tenant's belongings, or cut off utilities yourself. Doing so is a criminal offence under the Protection from Eviction Act 1977, regardless of whether you have a possession order.
Realistic timelines
From serving the initial Section 8 notice to having the property back with vacant possession, a contested eviction typically takes:
| Stage | Time |
|---|---|
| Notice period | 4 weeks to 4 months |
| Court listing | 4 to 8 weeks |
| Hearing to order | 14 to 42 days |
| Bailiff enforcement (if needed) | 4 to 6 weeks |
| Total | 3 to 9 months |
Complex cases, adjournments, or defences can push this to 12 months or beyond.
Costs
Legal fees for a straightforward possession claim range from £1,500 to £3,000 if using a solicitor. Contested cases with a barrister at the hearing can reach £5,000 or more. Court fees (filing and bailiff warrant) total approximately £480.
Some landlord insurance policies include legal expenses cover for possession proceedings. Check your policy wording. Cover often has conditions, like using the insurer's panel solicitors.
What not to do
Do not lock the tenant out. Do not remove their belongings. Do not turn off the gas, electricity, or water. Do not threaten or intimidate. Each of these is a criminal offence carrying fines and potential imprisonment. Local authority tenancy relations officers investigate these complaints and refer cases to the CPS.
If you are frustrated by the process, the legal route is the only lawful route.
Sources
- Renters' Rights Act 2025, legislation.gov.uk. https://www.legislation.gov.uk/ukpga/2025/26/contents [Accessed 6 May 2026]
- GOV.UK, "Evicting tenants: Section 8". https://www.gov.uk/evicting-tenants/section-8 [Accessed 6 May 2026]
- GOV.UK, "Make a possession claim". https://www.gov.uk/possession-claim-online-recover-property [Accessed 6 May 2026]