Evicting a tenant in England is now a fixed legal sequence with no shortcuts. Since Section 21 was abolished on 1 May 2026, every eviction runs through a Section 8 notice, a county court claim and — if the tenant still will not leave — a bailiff appointment. Skip a step or get one wrong and you go back to the start.
This guide walks through how to evict a tenant from first conversation to bailiffs: what to check before you begin, which notice to serve, how the court claim works, what it costs and how long it really takes. It covers assured tenancies in England — lodgers living in your own home follow a much simpler route, covered further down.
Key takeaways
- You need a legal reason. Every eviction now starts with a Section 8 notice on Form 3A citing at least one ground.
- If the tenant does not leave when the notice expires, you apply to the county court. The claim fee is £415.
- If they ignore the possession order, a warrant (£152) lets county court bailiffs remove them, with at least 14 days’ warning.
- Ministry of Justice figures put the median time from claim to repossession at 27.1 weeks — before you add the notice period.
- Changing the locks or removing belongings without a court order is illegal eviction, unless the occupier is a lodger in your own home.
Before you start: three checks
Most failed evictions fail before the notice is even served. Run these three checks first.
1. What kind of occupier is it?
If you rent out a property you do not live in, your tenant almost certainly has an assured periodic tenancy, and everything in this guide applies. If the person lives in your own home and shares your kitchen or bathroom, they are usually an excluded occupier — a lodger — and you do not need a court order at all. Getting this wrong in either direction is expensive.
2. Is your own paperwork in order?
The tenant’s adviser will check whether the deposit was protected, whether the gas safety record and EPC were provided, and whether the tenant received the government’s tenant information sheet or a written statement of terms. Any gap gives them a defence or a counterclaim. Fix what you can before you serve anything. Our guide to deposit protection schemes covers the most common gap.
3. Will you be registered on the PRS Database?
The new Private Rented Sector Database opens region by region from 15 December 2026. Once registration is compulsory for your property, a landlord who is in breach of the duty to register cannot get a possession order on any ground except Grounds 7A and 14 — the antisocial behaviour grounds. If an eviction may run into 2027, register as soon as your region opens. We explain the timetable in our PRS Database guide.
The eviction process at a glance
How to evict a tenant, step by step
Rent schedule, dated notes, letters and emails.
A mandatory ground where you can, with discretionary grounds behind it.
Give the right notice period and keep proof of service.
Online for rent arrears, on paper otherwise. Fee £415.
The judge makes an outright or suspended order, or dismisses the claim.
Fee £152. Bailiffs give the tenant at least 14 days’ notice.
Step 1: Try to resolve it, and start the paper trail
Courts look more favourably on landlords who tried to sort things out first, particularly on discretionary grounds. Write to the tenant setting out the problem and what you need them to do. For arrears, offer a realistic repayment plan and point them towards debt advice.
From the first missed payment or first complaint, keep a record. A rent schedule and communication log showing every amount due, paid and outstanding is the single most useful document in an arrears claim. For antisocial behaviour, keep dated notes, neighbours’ complaints and any police or council reference numbers.
Step 2: Choose the right grounds
Your reason for evicting decides your ground, and your ground decides the notice period. These are the situations private landlords most often face.
| Your reason | Ground | Type | Minimum notice |
|---|---|---|---|
| Three months’ rent arrears or more | 8 | Mandatory | 4 weeks |
| Some arrears, or persistently late rent | 10 and 11 | Discretionary | 4 weeks |
| Selling the property | 1A | Mandatory | 4 months |
| You or close family moving in | 1 | Mandatory | 4 months |
| Breach of the tenancy agreement | 12 | Discretionary | 2 weeks |
| Damage or neglect of the property | 13 | Discretionary | 2 weeks |
| Antisocial behaviour | 14 | Discretionary | None — court can’t order possession for 14 days |
| Serious antisocial behaviour or conviction | 7A | Mandatory | None — court can’t order possession for 14 days |
Where the facts allow, plead a mandatory ground with discretionary ones behind it — for arrears, Grounds 8, 10 and 11 together. A tenant who pays off part of the debt just before the hearing can defeat Ground 8, but not the others. Our full guide to Section 8 grounds for possession sets out every ground and what you have to prove.
Step 3: Serve a Section 8 notice on Form 3A
The notice is Form 3A, or a form substantially to the same effect. It must name each ground, explain why it applies, and give at least the minimum notice for the longest ground you rely on — plead Ground 8 alongside Ground 1A and the whole notice runs four months.
Serve it in the way your tenancy agreement allows and keep evidence: a certificate of service, a dated photograph of the notice at the door, or proof of postage. An incomplete or inaccurate notice can get the claim dismissed or delayed at the hearing — months after you served it.
Step 4: Apply to the county court
If the tenant is still there when the notice expires, you can apply for a possession order. Rent arrears claims can be made online through Possession Claim Online. Claims on other grounds use the paper forms: an N5 claim form with N119 particulars of claim, sent to the county court covering the property. The fee is £415 either way.
Attach the tenancy agreement, the notice and proof of service, and evidence for each ground. In an arrears case, ask for a money judgment for the arrears at the same time — it saves a separate claim later. The court then sets a hearing date, usually between four and eight weeks after issue, and sends the papers to the tenant, who can file a defence.
Step 5: The hearing and the possession order
Most possession hearings are short. Bring your evidence, a current rent statement, and copies of everything you filed. If the tenant raises a defence or counterclaim — disrepair is the most common — the judge may adjourn for a fuller hearing.
The court can make one of three outcomes:
- An outright order — the tenant must leave by a set date. On a mandatory ground this is usually 14 days, extendable to a maximum of 42 days where leaving sooner would cause exceptional hardship.
- A suspended order — the tenant can stay as long as they keep to conditions, typically paying current rent plus an amount towards the arrears. Only available on discretionary grounds.
- Dismissal — usually because the notice was defective, the ground was not proved, or, on a discretionary ground, the judge decided possession would not be reasonable.
A money order for the arrears can be added to any possession order.
Step 6: Warrant of possession and bailiffs
Many tenants leave once an order is made, often because the council will only rehouse them at that point. If yours does not, apply for a warrant of possession. The fee is £152. County court bailiffs will then send the tenant an eviction notice giving at least 14 days’ warning of the date.
The tenant can still apply to suspend the warrant, so keep collecting evidence until the day. Where county court bailiff waiting times are long, you can ask the court for permission to transfer enforcement to the High Court, where enforcement officers act under a writ of possession. That needs the court’s permission and adds cost, so it is worth discussing with a solicitor.
On the day, the bailiff removes the occupants and you change the locks. If belongings are left behind, you have duties under the Torts (Interference with Goods) Act 1977 — see what to do when a tenant leaves belongings behind.
How long an eviction takes, and what it costs
| Stage | Typical time | Court fee |
|---|---|---|
| Section 8 notice period | 2 weeks to 4 months, depending on ground | None |
| Claim issued to hearing | Usually 4–8 weeks | £415 |
| Order to possession date | 14 days (up to 42 days on hardship) | None |
| Warrant to bailiff visit | Varies by court — often several weeks | £152 |
| Claim to repossession (median) | 27.1 weeks | £567 total |
Add the notice period to the 27-week median and an arrears eviction that goes all the way to bailiffs realistically takes seven to eight months from the day you serve. Solicitor’s costs, if you use one, come on top, along with the rent you are not receiving. That is a strong reason to act on arrears early — our guide to managing rent arrears covers what to do before it reaches court.
Evicting a lodger is different
If your lodger lives in your home and shares facilities with you, they are usually an excluded occupier. You only need to give reasonable notice, which normally means the length of their rental period — a week for weekly rent, a month for monthly. The notice does not have to be in writing, though it is wise to put it in writing anyway.
Once the notice has ended you can change the locks on their room, even if their belongings are still inside, but you must return their possessions. You do not need a court order. If the lodger does not share facilities with you, or the arrangement is unclear, take advice before acting — treating a tenant as a lodger is one of the commonest routes into an illegal eviction.
What you must never do
With an assured tenant, you cannot change the locks, remove their belongings, cut off utilities or pressure them to leave, however strong your case. That is illegal eviction or harassment under the Protection from Eviction Act 1977. Since the Renters’ Rights Act, councils can issue civil penalties for illegal eviction for the first time, on top of criminal prosecution, and tenants can seek a rent repayment order of up to 24 months’ rent.
Five mistakes that restart the clock
- Using an out-of-date notice. Section 21 is gone, and Section 8 notices must now be on Form 3A with the post-May 2026 notice periods.
- Too short a notice period. The notice must run for the longest ground cited. One day short is a defective notice.
- Relying on Ground 8 alone. A part-payment before the hearing kills it. Plead Grounds 10 and 11 alongside.
- No proof of service. If the tenant says they never received the notice, you need to show they did.
- Ignoring your own compliance. An unprotected deposit, missing certificates or — once it applies — no PRS Database registration can sink the claim.
What to do next
Confirm the occupier’s status, audit your own paperwork, and pull your evidence together before you serve anything. Then pick your grounds deliberately and serve Form 3A properly. If the notice has already expired and the tenant is still in the property, our guide on what to do when a tenant won’t leave picks up from there.
Written by the Landlords Portal team, drawing on hands-on experience of letting and managing property in England. This article is general information, not legal advice — for a specific eviction, take advice from a solicitor or your landlord association.
Frequently asked questions
How long does it take to evict a tenant in England?
The notice period runs from two weeks to four months depending on the ground. After that, Ministry of Justice figures put the median time from issuing a claim to repossession at 27.1 weeks. For a rent arrears eviction that goes all the way to bailiffs, plan for seven to eight months from serving notice.
How much does it cost to evict a tenant?
Court fees are £415 for the possession claim and £152 for a warrant of possession, so £567 if the case goes to bailiffs. Solicitor’s fees and lost rent come on top.
Can I still evict a tenant without a reason?
No. Section 21 no-fault eviction was abolished in England on 1 May 2026. You must rely on one of the grounds in Schedule 2 of the Housing Act 1988, such as rent arrears, selling the property or moving in yourself.
Can I change the locks if my tenant stops paying rent?
No. With an assured tenant you need a court order and, if they still do not leave, a bailiff. Changing the locks yourself is illegal eviction. The only common exception is a lodger who lives in your own home and shares facilities with you.
What notice do I give to evict a lodger?
Reasonable notice, which usually matches the rental period — a week if they pay weekly, a month if they pay monthly. It does not have to be in writing, and you do not need a court order, but you must return their belongings.
Can the tenant stop the eviction at the last minute?
They can apply to the court to suspend the warrant of possession, and on discretionary grounds a judge may agree if they can show they will pay. On Ground 8, paying the arrears below three months’ rent before the hearing defeats that ground, which is why landlords plead Grounds 10 and 11 alongside it.
Do I need to be registered on the PRS Database to evict?
Once registration is compulsory for your property, a landlord in breach of the duty to register cannot get a possession order except on Ground 7A or Ground 14. The database opens region by region from 15 December 2026, with every region required to register by 14 November 2027.
Sources: GOV.UK — Repossessing your privately rented property after 1 May 2026; GOV.UK — Civil court fees (EX50); Ministry of Justice — Mortgage and landlord possession statistics, April to June 2026; GOV.UK — Rent a room in your home: ending a letting; GOV.UK — Guide to the Renters’ Rights Act.
