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How to evict a tenant in England: the 2026 eviction process

Since 1 May 2026 private landlords can only end an assured tenancy through section 8 of the Housing Act 1988: you need a ground for possession, the right notice on Form 3A, and a court order. There is no "no-fault" route any more.

Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.

8.0 wks

median from claim to possession order, private landlords, Q2 2026.

24.6 wks

median from claim to bailiff repossession (average 33.6 wks).

£567

court fees to the bailiff stage: £415 claim + £152 warrant (from 13 July 2026).

The five steps to evict a tenant

Check you can use a ground. Pick from the section 8 grounds – for example rent arrears (8, 10, 11), selling (1A), moving in (1) or antisocial behaviour (7A, 14). Most grounds also need the deposit protected and the prescribed information given (see deposit protection).
Serve a section 8 notice on Form 3A. Write out the full legal wording of each ground and your reasons, and give at least the minimum notice. How to fill in Form 3A · notice period calculator.
Apply to court if the tenant stays. Rent-only claims can go through Possession Claim Online; everything else uses paper forms N5 and N119. Possession claim forms.
Attend the hearing. Every section 8 claim is listed for a hearing. Bring a rent statement and evidence for each ground. What happens at a possession hearing.
Ask for bailiffs if needed. Apply for a warrant of possession (N325). Bailiffs and warrants.

Work out your eviction dates

Possession proceedings: what the court looks at

Grounds are either mandatory (the judge must make an order if the ground is proved, as with Ground 8) or discretionary (the judge must also think it reasonable, as with Grounds 10 and 11). Claims are commonly dismissed or adjourned for a notice with the wrong dates or missing wording, arrears falling below the Ground 8 threshold by the hearing, or deposit problems.

Which court will hear it?

Claims go to the county court HMCTS lists for housing possession in your area. Enter the rental postcode to see the court and its figures, or browse eviction courts.

If you served a section 21 notice before 1 May 2026

That notice could only be used to start proceedings by 31 July 2026 at the latest (or earlier if the notice ran out first). See section 21 abolished: what now.

Things you must not do

Changing the locks, removing belongings, cutting off utilities or harassing a tenant to make them leave can be a criminal offence. Illegal eviction: the risks for landlords.

Common questions

Can I evict a tenant without a tenancy agreement?

Most private tenancies in England are assured periodic tenancies whether or not anything was written down, so you still need a section 8 notice and a court order. Lodgers living with you and some licences are different – see the GOV.UK guidance for what it does not cover.

Can I evict a tenant for not paying rent?

Yes, using Ground 8 (at least 3 months’ or 13 weeks’ rent unpaid when you serve the notice and at the hearing), and usually also Grounds 10 and 11. The notice period is 4 weeks. See tenant not paying rent.

What forms do I need to evict a tenant?

Form 3A (section 8 notice); then either Possession Claim Online (rent-only claims) or paper forms N5 and N119, with N215 as proof of service; then N325 (or N325A) for a warrant if the tenant does not leave.

Can I change the locks to get my property back?

No. Evicting a tenant without a court order and bailiffs is a criminal offence and councils can now impose penalties of up to £40,000. See illegal eviction risks.

Sources

Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.