How to evict a tenant in England (2026)

1. Check you can use Section 8. Section 21 was abolished on 1 May 2026. You need one or more grounds from Schedule 2 of the Housing Act 1988 — and, for most grounds, the deposit protected and prescribed information given first.
2. Serve Form 3A. Fill in the current Form 3A, quoting the full legal wording of each ground at question 4.2. Serve it the way your tenancy agreement says, or in person, at the property or by registered post, and keep proof (form N215, or a note on your copy saying who served it and when).
3. Wait out the notice period. The longest period among your grounds applies (except Grounds 7A and 14). The notice normally lasts 12 months from service (longer if a breathing space intervenes).
4. Make a court claim. Use forms N5 and N119, or Possession Claim Online if you're only claiming rent arrears. The fee is £415.
5. Attend the hearing. The tenant has 14 days to file a defence. The court can make an outright or suspended order, adjourn or dismiss the claim. There is usually 21 days to appeal.
6. Apply for bailiffs if they don't leave. Apply for a warrant of possession (N325, £152). County court bailiffs give the tenant at least 14 days' notice of the eviction date.

If you use several grounds, you wait for the longest notice period — unless one of them is Ground 7A or 14. Mandatory grounds (1 to 8) mean the court must order possession if you prove them; on discretionary grounds (9 to 18) it must also be reasonable. Other grounds have other periods — Grounds 7 (tenant has died) and 9 (suitable alternative accommodation), for example, need 2 months. Every ground and period is in our Section 8 grounds guide.

• Deposit: protected in an approved scheme and the prescribed information given — otherwise the court can't make a possession order (except on Grounds 7A and 14) until you put it right, for example by returning the deposit in full or with agreed deductions. Take advice first.
• PRS Database: once the registration duty applies in your area, you must be registered to get a possession order (again except 7A and 14). See our PRS Database guide.
• Grounds 1 and 1A: you can serve notice before the tenancy is 12 months old, but the date in it must fall after the first 12 months. Once you rely on Ground 1 or 1A you can't let or market the property for 12 months (the “restricted period”). Breaking this can mean a fine of up to £40,000 or prosecution.
• Ground 8: the arrears must be at least 3 months' rent (13 weeks if paid weekly or fortnightly) both when you serve and at the hearing. Any amount unpaid only because the tenant hasn't yet received a Universal Credit housing payment doesn't count towards the threshold. Cite Grounds 10 and 11 alongside it.
• Breathing space: if you're told your tenant is in a debt respite “breathing space”, you can't serve a rent-arrears notice (Grounds 8, 10, 11), start a claim on an arrears notice or chase the debt until it ends. In some cases an existing notice stays valid for 8 weeks after the breathing space ends.

Use the method set out in your written tenancy agreement if there is one. Otherwise, GOV.UK's Form 3A guidance says to hand it to the tenant, deliver it to the property (through the letterbox if they're out) or send it by registered post. Only use email if the agreement clearly allows it. Give a copy to each named tenant and record how and when you served it — form N215 is the usual proof, or a note on your copy saying who served it and when. A notice normally lasts 12 months from service (longer if a breathing space intervenes), so you must start court proceedings within that time.

When the notice period ends, claim on forms N5 and N119 with a copy of the notice — or use Possession Claim Online if the claim is only for rent owed. The fee is £415 either way. The old accelerated (paper) procedure is no longer available for new cases.

The tenant has 14 days to file a defence, and you must send your documents to the court at least 14 days before the hearing. On a mandatory ground, an outright order usually gives the tenant 14 days to leave — up to 6 weeks for exceptional hardship. A suspended order lets them stay while they keep to its conditions. There is usually 21 days to appeal an order.

If the tenant doesn't leave by the date in the order, apply for a warrant of possession — form N325 (or N325A for a suspended order). The current court fee is £152; some GOV.UK pages still show £148. County court bailiffs give the tenant at least 14 days' notice of the eviction. To use High Court enforcement instead you need the county court's permission (form N244), then form N293A. It costs more: extra court fees plus the enforcement officers' own charges.

Evicting a tenant without a court order and bailiffs — changing the locks, removing belongings, cutting off utilities or harassing them to leave — is a criminal offence under the Protection from Eviction Act 1977, with up to 2 years in prison. Since 1 May 2026 councils can also fine landlords up to £40,000 instead of prosecuting. The tenant can also apply for a rent repayment order of up to 2 years' rent and sue for damages.