Eviction Process for Landlords in England After Section 21 Abolition

With Section 21 gone for new claims, landlords can no longer use a two-month no-fault notice route. They now need to rely on Section 8, prove a statutory ground, file a court claim and attend a hearing. The process is longer, more document-heavy and entirely dependent on getting the paperwork right from the start.

Step 1: Choose Your Ground and Serve Form 3A

You must have a valid reason — a "ground" under Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act. The main ones are:

• Ground 1 (moving in) or Ground 1A (selling): 4 months' notice; a notice can be served during the first 12 months but cannot expire before that period ends
• Ground 8 (serious rent arrears — 3 months or more, or 13 weeks for weekly or fortnightly rent): 4 weeks' notice
• Ground 10/11 (lesser arrears / persistent late payment): 4 weeks' notice, discretionary
• Ground 12 (breach of tenancy terms): 2 weeks' notice, discretionary
• Ground 14 (nuisance or anti-social behaviour): immediate, discretionary
• Ground 7A (serious criminal/ASB behaviour): no notice period; proceedings can start immediately after notice, but the court cannot make a possession order for 14 days, mandatory

Since 1 May 2026, the prescribed form for all Section 8 notices in the private rented sector is Form 3A. Using the old Form 3 invalidates the notice. Form 3A requires you to set out the specific statutory ground, the facts supporting it and the notice period. Serve it on the tenant using a method that gives you proof — recorded delivery, hand delivery with a signed acknowledgment or email if the tenancy agreement permits electronic service.

Step 2: Wait for the Notice Period to Expire

The notice period depends on the ground. You cannot file a court claim before the notice expires. Use the waiting period to assemble your evidence: arrears schedules, breach records, photographs, correspondence.

Proceedings must be commenced within 12 months of serving the Form 3A. If you miss this window, the notice expires and you must serve a fresh one.

Step 3: File a Possession Claim in the County Court

Once the notice period has expired and the tenant has not left, file a possession claim with HMCTS (Her Majesty's Courts and Tribunals Service). The key documents are:

• Claim Form N5: the standard possession claim form
• Particulars of Claim (Form N119): sets out the ground, the evidence and the history
• Supporting evidence: the original Form 3A, proof of service, arrears schedules, tenancy agreement, safety certificates

The accelerated possession procedure for new Section 8 claims is gone. New Section 8 claims require a judicial hearing. Eligible transitional Section 21 claims issued by 31 July 2026 can continue under the saved rules; if the accelerated Form N5B was used, neither the landlord nor tenant needs to attend court.

Step 4: Attend the Hearing

The court sets a hearing date, typically 8 to 12 weeks after filing. At the hearing, a District Judge reviews the evidence and the tenant's defence.

For mandatory grounds (1, 1A, 8, 4A, 7A), the court must grant possession if the statutory test is met. The judge has no discretion to refuse.

For discretionary grounds (9, 10, 11, 12, 14), the court decides whether it is "reasonable" to grant possession, weighing the landlord's case against the tenant's circumstances. This is where evidence quality matters most — a well-documented arrears schedule with bank statements is stronger than a handwritten tally.

Step 5: Possession Order and Enforcement

If the court grants possession, it issues a Possession Order, usually giving the tenant 14 or 28 days to leave. If the tenant still does not vacate by the order date, you apply for a Warrant of Possession (Form N325). The warrant is executed by County Court bailiffs or, for faster enforcement, you can transfer it up to the High Court for enforcement by High Court Enforcement Officers.

You must never change the locks, remove the tenant's belongings, cut off utilities or intimidate a tenant into leaving without a court order. Doing so is unlawful eviction under the Protection from Eviction Act 1977 — a criminal offence carrying civil penalties of up to £40,000 and Rent Repayment Orders of up to 24 months' rent.

Realistic Timelines

End to end, a straightforward possession claim typically takes five to seven months from serving the Form 3A to obtaining a Possession Order: four months' notice for Ground 1/1A, plus eight to twelve weeks for the court to list the hearing. Enforcement adds further time if the tenant does not leave voluntarily. For rent arrears cases on a four-week notice, the timeline is shorter but still measured in months.

The Renters' Rights Act for Landlords guide includes a possession grounds flowchart and a step-by-step court procedure reference, so you can see which ground applies to your situation and what documents you need at each stage.

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