How to Evict a Tenant UK 2026: New Rules Step-by-Step
Eviction rules changed dramatically in 2026. Section 21 is abolished. Learn the new Section 8 grounds, court process, notice periods, and step-by-step eviction guide.
The Latch Team
Editorial
Evicting a tenant in the UK has changed fundamentally. The Renters' Rights Act 2025 abolished Section 21 'no-fault' evictions, meaning landlords can no longer remove a tenant simply because they want the property back. From 2026, the only route to possession is through Section 8 of the Housing Act 1988, which requires you to prove specific grounds.
This guide explains the post-Renters' Rights Act eviction process step by step: which grounds are available, the notice periods for each, how to apply to the court, what to expect at a hearing, and how long the process takes. We also cover the costs involved and the absolute importance of avoiding illegal eviction.
Section 21 Is Abolished — What This Means
Section 21 allowed landlords to end an assured shorthold tenancy by giving two months' notice, with no reason required. This was widely used by landlords who wanted to sell, move back in, or simply end a tenancy. From the commencement of the Renters' Rights Act (phased from late 2025 into 2026), Section 21 is no longer available.
All existing tenancies automatically become periodic tenancies (rolling month to month) with no fixed end date. The only way to regain possession is to serve a Section 8 notice citing one or more statutory grounds and, if the tenant does not leave voluntarily, to obtain a possession order from the court.
Transition period: Section 21 notices served before the commencement date may still be valid if they meet all existing requirements and are acted upon within the validity period. After the transition, no new Section 21 notices can be served. Check the specific commencement dates for your situation.
Section 8 Grounds for Possession
Section 8 of the Housing Act 1988 sets out the grounds on which a landlord can seek possession. The Renters' Rights Act has expanded and modified these grounds to compensate for the loss of Section 21. Grounds are either mandatory (the court must grant possession if the ground is proved) or discretionary (the court may grant possession if it considers it reasonable).
| Ground | Type | Description | Notice Period |
|---|---|---|---|
| Ground 1 | Mandatory | Landlord wishes to occupy the property as their own home (must have given prior notice to tenant) | 4 months |
| Ground 1A | Mandatory | Landlord wishes to sell the property | 4 months |
| Ground 2 | Mandatory | Mortgage lender exercising power of sale | 2 months |
| Ground 5 | Discretionary | Property required for a minister of religion | 2 months |
| Ground 6 | Mandatory | Landlord intends to demolish or substantially reconstruct the property | 4 months |
| Ground 6A | Mandatory | Tenant has lost the right to rent (immigration status) | 2 weeks |
| Ground 7 | Mandatory | Tenancy inherited on death of original tenant — possession sought within 12 months | 2 months |
| Ground 8 | Mandatory | At least 2 months' rent arrears at date of notice AND date of hearing | 2 weeks |
| Ground 8A | Mandatory | Repeated rent arrears (at least 2 months' arrears on at least 3 occasions in previous 3 years) | 4 weeks |
| Ground 10 | Discretionary | Some rent is due and unpaid at date of notice and date of hearing | 2 weeks |
| Ground 11 | Discretionary | Tenant has persistently delayed paying rent, even if not currently in arrears | 2 weeks |
| Ground 12 | Discretionary | Breach of tenancy agreement (other than rent) | 2 weeks |
| Ground 14 | Discretionary | Anti-social behaviour or criminal activity | Immediate (0 days) |
| Ground 14A | Mandatory | Property occupied by couple, one has left due to domestic abuse | 2 weeks |
| Ground 17 | Discretionary | Tenant obtained the tenancy by misrepresentation | 2 weeks |
New grounds under the Renters' Rights Act: Ground 1A (landlord selling) is new. Ground 8A (repeated arrears) is new. Several existing grounds have had their notice periods modified. The Act also introduces protections against retaliatory eviction — if a tenant has made a legitimate complaint, certain grounds may be challenged as retaliatory.
Step-by-Step Eviction Process
The eviction process follows a strict legal procedure. Cutting corners or missing steps will result in your case being dismissed, wasting months and costing thousands.
Step 1: Serve a Valid Section 8 Notice
Complete the prescribed Section 8 notice form (Form 3 — as may be updated following the Renters' Rights Act). Specify the ground(s) you are relying on, provide the relevant particulars (evidence), and give the correct notice period for the ground used. Serve the notice on the tenant by delivery to the property, by post, or as permitted by the tenancy agreement.
- Correct prescribed form used (check for updated post-RRA forms)
- Ground(s) clearly specified with full particulars
- Correct notice period given for the ground(s) used
- Notice served on all joint tenants
- Proof of service retained (certificate of posting, witness statement, delivery receipt)
- All pre-conditions met (e.g., Ground 1 requires prior written notice at tenancy start)
Step 2: Wait for the Notice Period to Expire
You cannot apply to the court until the notice period has expired. During this time, the tenant may leave voluntarily, negotiate, or do nothing. If the tenant leaves voluntarily during the notice period, there is no need for court proceedings.
Step 3: Apply to the Court for a Possession Order
If the tenant does not leave after the notice period expires, apply to the County Court for a possession order. The process depends on the ground used:
| Procedure | Grounds | Hearing | Typical Timeline |
|---|---|---|---|
| Standard possession | All grounds | Yes — court hearing before a judge | 8–16 weeks from application to hearing |
| Accelerated possession | Limited grounds (if available post-RRA) | Usually paper-based (no hearing) | 6–10 weeks — faster but only for certain grounds |
The court application fee is currently £355 (subject to change). You will need to submit the claim form (N5B for accelerated, N5 for standard), the original Section 8 notice with proof of service, the tenancy agreement, and evidence supporting your ground.
Step 4: Attend the Court Hearing
At the hearing, the judge will consider whether the ground is made out, whether the correct procedure was followed, and (for discretionary grounds) whether it is reasonable to grant possession. If successful, the judge will make a possession order specifying a date by which the tenant must leave — usually 14 days, or 42 days if the tenant would suffer exceptional hardship.
Step 5: Apply for a Bailiff Warrant (If Needed)
If the tenant does not leave by the date specified in the possession order, you must apply for a warrant of possession. A County Court bailiff (or a High Court Enforcement Officer for High Court transfers) will attend the property on a scheduled date and physically remove the tenant. You must not attempt to remove the tenant yourself.
Costs and Timeline
| Stage | Cost | Time |
|---|---|---|
| Section 8 notice (self-prepared) | £0 (or £200–£500 if solicitor-prepared) | 2 weeks – 4 months (depending on ground) |
| Court application fee | £355 | 1 day to submit |
| Wait for hearing date | £0 | 8–16 weeks |
| Solicitor for hearing (if used) | £500 – £2,000 | 1 day |
| Bailiff warrant | £130 | 4–8 weeks after possession order |
| High Court enforcement (alternative) | £0 (enforcer recovers from tenant) | 1–2 weeks — faster than County Court bailiff |
| Total typical cost | £500 – £3,000+ | 4–12 months from notice to physical possession |
During the entire process, the tenant remains in the property. You cannot change locks, remove belongings, cut off utilities, or take any action to force the tenant to leave. Illegal eviction is a criminal offence carrying penalties of up to two years in prison and an unlimited fine.
Avoiding Illegal Eviction
The Protection from Eviction Act 1977 makes it a criminal offence to evict a residential tenant without following the proper legal process. The following actions are all illegal:
- Changing the locks while the tenant is out
- Removing the tenant's belongings from the property
- Cutting off gas, electricity, or water
- Intimidating, threatening, or harassing the tenant to make them leave
- Entering the property without proper notice or permission
- Allowing the property to fall into disrepair deliberately
If convicted of illegal eviction, you face criminal penalties and the tenant can claim damages in the civil courts — often amounting to thousands of pounds. Local councils also have the power to issue rent repayment orders against landlords who commit housing offences.
How Latch Helps with the Eviction Process
While Latch cannot replace a solicitor for court proceedings, it provides critical support throughout the eviction process:
- Arrears tracking: Latch maintains a precise rent ledger showing every payment, partial payment, and missed payment — essential evidence for Grounds 8, 8A, 10, and 11
- Communication log: Every reminder, message, and note is timestamped and stored, demonstrating that you followed a reasonable process before resorting to legal action
- Document storage: Keep copies of the tenancy agreement, notices served, and proof of service in one secure location
- Timeline tracking: Latch tracks notice periods and court deadlines so you do not miss a critical date that could invalidate your case
Protect Your Investment with Latch
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Get Started with LatchDisclaimer: This guide is for informational purposes only and does not constitute legal advice. Eviction law is complex and the consequences of procedural errors are severe. The information reflects the law as enacted in the Renters' Rights Act 2025, with provisions taking effect in stages from late 2025 into 2026. Court procedures, forms, and fees are subject to change. Always instruct a qualified solicitor experienced in landlord-tenant law before commencing possession proceedings. Last updated February 2026.
