How to Evict a Tenant Legally in England After the Renters' Rights Act
A landlord in England must serve a section 8 notice on Form 3A citing a legal ground, wait out the notice period, issue a county court claim (£415), get a possession order and, if needed, pay £152 for bailiffs. A contested case takes six to ten months.
Key points
- Since 1 May 2026 the only route is section 8 of the Housing Act 1988: a ground from Schedule 2, notice on Form 3A, a county court claim and, if the tenant stays, a warrant.
- Selling or moving in (grounds 1A and 1) needs four months' notice and cannot be used in the first 12 months; serious arrears (ground 8) needs three months' arrears and four weeks' notice.
- A court will not make a possession order on most grounds while the deposit is unprotected or, once registration is compulsory in your region, the property is not on the landlord database.
- The claim fee is £415 and a warrant costs £152; the latest court statistics put the median time from claim to bailiff repossession at about 27 weeks, before adding the notice period.
- Evicting without a court order, or harassing a tenant into leaving, is a criminal offence carrying up to two years' imprisonment and a council penalty of up to £40,000.
To evict a tenant legally in England you must serve a section 8 notice on Form 3A citing a ground for possession from Schedule 2 to the Housing Act 1988, wait out the notice period for that ground and, if the tenant has not left, issue a possession claim in the county court for £415, attend a hearing and obtain a possession order. If the tenant still stays, a warrant costs £152 and county court bailiffs carry out the eviction. Section 21 notices ended on 1 May 2026 under the Renters' Rights Act 2025, taking the paper-only accelerated route with them once the transitional window for older notices closed on 31 July 2026, and a contested case realistically takes six to ten months from notice to bailiffs. Changing the locks without a court order is a criminal offence. This guide covers each stage, the fees, the timescales, when a solicitor is worth paying, and what tenants should do.
Which ground applies
Mandatory grounds oblige the judge to make an order once the facts are proved; discretionary grounds let the judge decide whether eviction is reasonable and allow a suspended order instead. The wider changes are summarised in the guide to the Renters' Rights Act.
Selling the property or moving in
Ground 1A applies where you intend to sell (or grant a lease of more than 21 years) and ground 1 where you or a close family member intend to live in the property. Both are mandatory, need four months' notice and cannot be relied on in the first 12 months of the tenancy. After using either you cannot market or re-let the property for 12 months; doing so is a criminal offence. Expect to prove the intention with evidence such as an estate agent's instruction.
Rent arrears
Ground 8 is mandatory where the tenant owes at least three months' rent (13 weeks for weekly or fortnightly rent) both when the notice is served and at the hearing; arrears that exist only because a Universal Credit payment has not yet arrived are disregarded. The notice period is four weeks. Grounds 10 (any arrears) and 11 (persistent late payment) are discretionary, also with four weeks' notice, and landlords normally cite all three in case the tenant pays below the ground 8 threshold before the hearing.
Antisocial behaviour and breach of tenancy
Ground 7A (mandatory) covers the most serious antisocial behaviour, such as a relevant conviction or breach of an injunction, and ground 14 (discretionary) covers nuisance, annoyance and criminal use of the property; for both, proceedings can begin as soon as the notice is served. Grounds 12 (breach of a term other than rent), 13 (damage to the property) and 15 (damage to furniture) are discretionary with two weeks' notice.
Student lets and other grounds
Ground 4A lets the landlord of a student house in multiple occupation recover it for the next academic year, provided written notice of the ground was given before the tenancy began and the possession date falls between 1 June and 30 September; it needs four months' notice. Other grounds cover a lender repossessing (2), redevelopment (6), the death of the tenant (7), no right to rent (7B) and a tenancy obtained by a false statement (17), with notice periods from two weeks to four months.
Before you serve notice: the checks that decide the case
Two defects stop a possession order outright on every ground except 7A and 14. The first is a deposit that was not protected within 30 days with the prescribed information served; the court cannot make an order until the deposit has been protected or returned (in full or less agreed deductions), and the tenant can separately claim one to three times the deposit, as the guide to tenancy deposit rules and penalties explains. The second, once registration is compulsory in your region, is a property that is not on the private rented sector database, which opens on 15 December 2026 in the West Midlands and spreads region by region through 2027.
Other failings do not bar the claim but will be raised against you. Every tenancy granted since 1 May 2026 must have come with a written statement of terms, and every older written tenancy should have received the government information sheet by 31 May 2026; a missing document carries a fine of up to £7,000. Gas safety, energy performance and How to Rent paperwork no longer invalidates a notice but remains a legal duty, and letting a property that should be licensed exposes you to a rent repayment order of up to 24 months' rent.
Serving the section 8 notice on Form 3A
Form 3A is the prescribed notice for private landlords in England; Form 3 is now for social landlords. It must name every tenant, set out each ground in its full statutory wording, explain the facts relied on, and state the earliest date on which proceedings can begin, calculated from the longest notice period among the grounds you cite. Serve a copy on each tenant by a method the tenancy agreement permits, keep proof and allow extra days for post. Errors in the dates, wording or names are the commonest reason a claim is struck out at the first hearing. A notice lapses if no claim has been issued within 12 months of service.
Issuing the possession claim
If the tenant stays past the date in the notice, you apply for a standard possession order. Claims based only on rent arrears can be issued through Possession Claim Online; every other claim uses form N5 (the claim form) and N119 (the particulars), filed at the county court hearing centre for the property's area, with the notice, proof of service, the tenancy agreement, a rent statement and the deposit certificate attached. The fee is £415. The court fixes a hearing date, normally four to eight weeks after issue, and serves the papers on the tenant, who can file a defence within 14 days but may still attend and be heard without one. In an arrears case an updated rent statement must be filed shortly before the hearing.
The hearing, the order and the bailiffs
The first hearing is usually a short appointment before a district judge. If a mandatory ground is proved, the judge makes an outright order, normally requiring the tenant to leave within 14 days, extendable to six weeks for exceptional hardship. On a discretionary ground the judge may instead suspend the order on terms, such as paying the rent plus a fixed sum towards arrears. If the tenant raises a genuine defence, such as disrepair that offsets the arrears, the judge gives directions and lists a trial; if the notice is defective the claim is dismissed and you start again. The order usually adds a money judgment for arrears and fixed costs.
If the tenant has not left by the date in the order, request a warrant of possession on form N325 for £152. The bailiff gives the tenant at least 14 days' notice of the eviction date and attends with you; bring a locksmith. The tenant can apply to suspend the warrant for £16. Alternatively, with the court's permission you can transfer to the High Court for a writ of possession (£82) enforced by High Court Enforcement Officers, often quicker where bailiffs have a long wait, though you pay their charges up front and may not recover them.
How long it takes and what it costs
The Ministry of Justice's statistics for April to June 2026 put the median time from issuing a claim to a possession order at 7.6 weeks, from claim to warrant at 14.9 weeks, and from claim to bailiff repossession at 27.1 weeks. Add the notice period, from four weeks for serious arrears to four months for selling or moving in, and a case that goes all the way takes six to ten months.
Court fees are £415 to issue, £152 for a warrant, and £82 for a High Court writ plus an application fee. Solicitors commonly charge fixed fees for each stage (notice, claim, hearing) and hourly rates for a defended case; ask for a written estimate. Rent guarantee or legal expenses insurance on a landlord policy often pays for possession proceedings. The costs a losing tenant is ordered to pay are fixed and rarely cover the full bill.
A solicitor is worth the cost where you rely on grounds 1 or 1A, where arrears hover around the three-month threshold, where antisocial behaviour needs witnesses, or where the tenant has an adviser. A straightforward arrears claim with clean paperwork is one an experienced landlord can run alone online. A property solicitor with a landlord and tenant practice will say quickly whether a notice is usable; the directory lists property solicitors in Birmingham and solicitors in Leeds handling property work.
Illegal eviction and harassment
Section 1 of the Protection from Eviction Act 1977 makes it a criminal offence to deprive a residential occupier of their home without a court order, or to harass them into leaving, including by cutting off services, changing the locks, removing doors or turning up repeatedly to apply pressure. The magistrates' court can impose a fine and up to six months' imprisonment; the Crown Court an unlimited fine and up to two years. A council can now impose a civil penalty of up to £40,000 instead of prosecuting, and the tenant can seek a rent repayment order and damages in the county court. Only excluded occupiers, such as a lodger sharing living accommodation with the landlord, can be asked to leave without a court order, and even they are entitled to reasonable notice.
If you are the tenant
Receiving a Form 3A notice is not an eviction: only a court can order you to leave, and only bailiffs can remove you. Check the notice: the form, your name, the full wording of the ground and the earliest proceedings date. Ask whether your deposit was protected, because an unprotected deposit stops a possession order and entitles you to compensation. In an arrears case, work out whether the arrears will be below three months on the hearing date, since paying the balance down defeats the mandatory ground; keep evidence of any Universal Credit delay, and raise disrepair, because a repairs counterclaim can be set against what you owe.
Get advice as soon as the notice arrives. The Housing Loss Prevention Advice Service gives free legal advice from the moment you receive a written notice and a duty adviser at court on the day, legal aid covers possession defence for those at risk of losing their home who pass the means test, and Shelter and Citizens Advice run free helplines; the guide on getting legal help for free explains how to qualify. Tell your council's housing team early, because it must help prevent homelessness once you are likely to lose your home within 56 days. File the defence form within 14 days, attend the hearing regardless, and if an order is made ask for the six-week maximum where 14 days would cause exceptional hardship. For the wider rights on both sides, see what landlord and tenant law covers, or use the solicitors near me search.
Wales and Scotland are outside this guide: Wales still allows a landlord to end a standard occupation contract with six months' notice under section 173 of the Renting Homes (Wales) Act 2016, and Scotland's private residential tenancies have their own grounds, decided by a tribunal.
Frequently asked questions
Can a landlord evict a tenant without a reason in England?
No. Section 21 notices, which allowed possession without giving a reason, cannot be served since 1 May 2026, and the deadline for using notices served before then passed on 31 July 2026. A landlord must now rely on one of the grounds in Schedule 2 to the Housing Act 1988, such as selling, moving in, serious rent arrears or antisocial behaviour, give the notice period for that ground on Form 3A, and prove the ground at a county court hearing if the tenant stays.
How much notice does a landlord have to give to sell the property?
Four months, under ground 1A, and the ground cannot be used in the first 12 months of the tenancy. The landlord must genuinely intend to sell and may be asked for evidence. After using the ground the property cannot be marketed or re-let for 12 months; breaching that bar is a criminal offence and can lead to a rent repayment order. The same four-month period applies to ground 1, where the landlord or a close family member intends to move in.
What happens if the tenant pays off some arrears before the hearing?
Ground 8 is mandatory only if at least three months' rent (13 weeks for weekly or fortnightly tenancies) is owed both when the notice was served and on the hearing date. If the tenant reduces the arrears below that level before the hearing, the judge cannot make an outright order on ground 8. The claim can continue on the discretionary grounds 10 and 11, where the judge decides whether possession is reasonable and may make a suspended order requiring the rent plus instalments towards the arrears.
Can a landlord change the locks if the tenant has not left by the date on the order?
No. A possession order must be enforced by county court bailiffs under a warrant, or by High Court Enforcement Officers under a writ, and the tenant must be given at least 14 days' notice of the eviction date. A landlord who changes the locks, removes belongings or cuts off services commits an offence under the Protection from Eviction Act 1977, risks up to two years' imprisonment or a council penalty of up to £40,000, and can be sued for damages.
How long does the whole eviction process take?
Court statistics for April to June 2026 show a median of about 7.6 weeks from claim to order and 27.1 weeks from claim to bailiff repossession. The notice period comes on top: four weeks for serious arrears, two weeks for breach of tenancy, four months for selling or moving in. A case that goes all the way to bailiffs therefore takes around six to ten months, and longer if the tenant files a defence that needs a trial or the local court has a backlog.
Is it worth paying a solicitor to evict a tenant?
Often, yes, because a defective notice or missing deposit paperwork can add months and another £415 court fee. Fixed fees for drafting the notice, issuing the claim and attending the hearing are widely available, and rent guarantee or legal expenses insurance may cover them. An experienced landlord with a simple arrears case and clean paperwork can reasonably use Possession Claim Online alone, but anyone relying on the selling or moving-in grounds, facing a defended claim or dealing with antisocial behaviour should take advice first.
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This guide describes the law in England as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.