How to Evict a Tenant in the UK — The Legal Process in 2026

Overview — the eviction process in England (2026)

1. Identify the ground for possession — you must have a valid statutory ground under Schedule 2 of the Housing Act 1988
2. Check your compliance is in order — missing compliance documents can undermine your claim
3. Serve a Section 8 notice (Form 3A) — with the correct grounds stated and the minimum notice period given
4. Wait for the notice period to expire — minimum 2 weeks to 4 months depending on the ground
5. Apply to court for a possession order — if the tenant has not left
6. Attend the possession hearing — the judge decides whether to grant the order
7. Apply for a warrant of possession — if the tenant still does not leave after the order
8. Bailiff enforcement — the court-appointed bailiff carries out the eviction

Step 1 — Do you have a valid ground?

You cannot simply decide to end a tenancy. You must rely on one or more of the statutory grounds set out in Schedule 2 of the Housing Act 1988. The most commonly used grounds are:

This is a summary. Notice periods and ground conditions may have changed — verify current requirements on GOV.UK or with a solicitor.

Step 2 — Check your compliance documents

Before serving a Section 8 notice, make sure your compliance documents are in order. Courts scrutinise this. If you cannot show you served the following correctly, your claim may be weakened or delayed:

• Gas Safety Certificate — served before or at move-in, then annually
• Energy Performance Certificate — valid EPC served at tenancy start
• How to Rent guide — current edition served at tenancy start
• Deposit protection — protected within 30 days, prescribed information served

These requirements were previously a hard block on Section 21. For Section 8 they are not an absolute bar, but gaps in compliance will be used by a tenant's representative to challenge the claim.

Check your compliance status with Tenant City →

Step 3 — Serve a Section 8 notice (Form 3A)

Since 1 May 2026, all Section 8 notices must use Form 3A— the prescribed form updated under the Renters' Rights Act. A notice on the old Form 3 is invalid.

The notice must:

• State the grounds being relied upon (by number and in full)
• Give details supporting each ground (e.g. arrears amounts and dates)
• Give at least the minimum notice period for those grounds
• Be signed by the landlord or their agent

Serve by a method that gives you evidence of delivery — recorded post, hand delivery with a witness, or digital delivery via e-signature. Tenant City generates Form 3A and serves it via Zoho Sign, giving you a timestamped delivery and signature record.

Full Section 8 / Form 3A guide →

Step 4 — Wait for the notice period to expire

You cannot apply to court until the notice period has run. The minimum period depends on the ground — as short as immediate for Ground 14 (nuisance), but typically 2 weeks for arrears and breach grounds, and 2 months for grounds relating to the landlord wanting possession for personal use.

During the notice period, continue to log all contact with the tenant. If they pay down arrears, note this — for Ground 8 the arrears must remain at 2 months at the hearing, not just at notice.

Step 5 — Apply to court for a possession order

If the tenant has not vacated by the end of the notice period, apply to the county court for a possession order. You can apply:

• Online — via Possession Claim Online (PCOL) at gov.uk, for straightforward rent arrears claims
• By paper — Form N5 (claim form) and Form N119 (particulars of claim) filed at the county court

Filing fees apply — currently around £391 for a standard possession claim. The court will set a hearing date, usually 4–8 weeks from filing.

Step 6 — The possession hearing

At the hearing, a district judge considers your claim. For mandatory grounds (Ground 6, Ground 8), if you prove the ground is made out, the court must grant possession. For discretionary grounds, the judge weighs up whether it is reasonable to grant possession.

Bring to the hearing:

• A copy of the tenancy agreement
• The served Section 8 notice and evidence of service
• Rent payment history showing the arrears (if Ground 8)
• Compliance documents showing they were correctly served
• Any correspondence with the tenant about the issue

If the order is granted, the judge typically gives the tenant 14–28 days to leave. The court may also award a money judgment for rent arrears.

Step 7 — Warrant of possession and bailiff eviction

If the tenant does not leave by the date in the possession order, apply for a warrant of possession using Form N325. The court will arrange for a county court bailiff to carry out the eviction on a specified date.

For faster enforcement, you can apply to transfer the case to the High Court and use a High Court Enforcement Officer (HCEO) — this can be quicker than county court bailiffs in some areas.

On the eviction date, the bailiff attends the property, the tenant must leave, and you are given back possession of the keys.

How Tenant City supports the process

• Compliance tracking — know before you start whether your Gas Safety, EPC, deposit protection, and How to Rent guide records are complete
• Rent payment history — exportable arrears log showing every payment and missed payment, ready for the court bundle
• Section 8 Form 3A generation — correct prescribed form, pre-filled from your tenancy record, served via e-signature with delivery proof
• Communication log — all in-platform messages timestamped and stored against the tenancy
• Document storage — tenancy agreement, compliance certificates, and notices all stored in one place and accessible on any device

Further reading

• Section 8 notice and Form 3A — full guide
• Rent arrears — step-by-step guide
• Section 21 abolished — what it means
• Tenancy compliance — what you must track