How Do You Evict a Tenant in the UK?
You evict a tenant in England by serving a Section 8 notice on a valid ground, waiting out the notice period, then getting a possession order and a warrant from the county court. Section 21 was abolished on 1 May 2026, so there is no longer a no-fault route.
The Renters’ Rights Act 2025 replaced assured shorthold tenancies with periodic assured tenancies and rewrote the grounds for possession. Every tenancy in England now ends the same way, whether it started in 2019 or last week.
Scotland, Wales and Northern Ireland each run a different system, and this guide covers all four. Get the ground, the form or the notice period wrong anywhere in the UK and the court sends you back to the start.
Possession in England now runs through a Section 8 notice on a valid ground, then a possession order and a warrant if the tenant stays put. There is no no-fault route left, so the ground you choose and the evidence behind it decide whether the claim survives. Removing a tenant without a court order is a criminal offence and will cost you far more than waiting out the process. Scotland, Wales and Northern Ireland run their own systems, so work to the rules where the property actually sits.
Compare landlord insurance quotes with legal expenses cover for possession proceedings.
- What legal routes are left now that section 21 has gone?
- Which ground should you serve on?
- How do you work through the possession process step by step?
- How long does eviction take and what does it cost?
- What happens if you try to evict without a court order?
- How is eviction different in Scotland, Wales and Northern Ireland?
- Which cover protects you through a possession claim?
- Frequently asked questions (FAQs)
What legal routes are left now that section 21 has gone?
In England there is one route: Section 8 of the Housing Act 1988 on the reformed grounds. Accelerated possession and Section 21 both closed for good on 31 July 2026.
Section 8 is now the whole process
Every possession claim starts with a notice under section 8 of the Housing Act 1988, naming the ground or grounds you are relying on. You have to prove the ground in court, which is the part landlords used to avoid.
There is no version of this that skips the hearing. Even a mandatory ground needs a judge to make the order.
Why the accelerated procedure no longer helps you
The accelerated paper-only procedure existed only for Section 21 claims. The government’s guidance on evicting tenants confirms that a claim had to be issued on or before 31 July 2026 to use it.
Anything after that date goes through the standard route with a hearing. Ministry of Justice figures for April to June 2026 still counted 8,569 accelerated claims, which was the last of the pipeline clearing.
Which ground should you serve on?
Pick the ground you can evidence, not the one with the shortest notice. Mandatory grounds force the court to make an order if you prove them, while discretionary grounds leave the judge free to refuse.
The mandatory grounds and what each one needs
| Ground | What it covers | Notice period | The catch |
| Ground 1 | You or a close family member moving in | 4 months | Cannot be used in the first 12 months of the tenancy |
| Ground 1A | You intend to sell or grant a long lease | 4 months | Same 12-month bar, plus a 12-month ban on re-letting afterwards |
| Ground 2 | Your lender repossessing to sell with vacant possession | 4 months | The mortgage must pre-date the tenancy |
| Ground 4A | A student HMO needed for the next academic year | 4 months | Possession date must fall between 1 June and 30 September |
| Ground 6A | Complying with enforcement action such as a banning order | 4 months | Possession must be the only way to comply |
| Ground 7 | Tenancy inherited by someone you did not grant it to | 2 months | Claim within 12 months of the death |
| Ground 8 | At least three months’ rent unpaid | 4 weeks | Arrears must still stand on the day of the hearing |
The discretionary grounds and the reasonableness test
On these the judge asks whether eviction is reasonable, so your evidence matters more than the ground itself. Dated logs, photographs and copies of every warning letter do the work here.
| Ground | What it covers | Notice period |
| Ground 10 | Some rent unpaid at the date of notice and at the hearing | 4 weeks |
| Ground 11 | Persistent late payment, even if nothing is owed today | 4 weeks |
| Ground 12 | Breach of a tenancy term other than paying rent | 2 weeks |
| Ground 13 | Damage or neglect to the property by the tenant | 2 weeks |
| Ground 14 | Antisocial behaviour, nuisance or criminal activity | None, claim the same day |
| Ground 14A | Domestic abuse where the perpetrator has left | 2 weeks |
| Ground 15 | Damage to furniture you provided | 2 weeks |
| Ground 17 | Tenancy obtained by a false statement | 2 weeks |
The traps hidden in grounds 1 and 1a
Neither ground can be used until the tenancy has run for 12 months, and the government’s guide to the Renters’ Rights Act sets out the 12-month restricted period that follows possession. During it you cannot re-let or even market the property.
Break that and you are exposed to a rent repayment order and a local authority penalty. If the plan was always to re-let, a buy-to-let landlord is usually better off waiting for a fault ground than gambling on ground 1A.
How do you work through the possession process step by step?
Eight stages run from serving the notice to a bailiff attending. Each one has a form, a fee and a realistic waiting time, and skipping any of them ends the claim.
Step 1. choose the ground and build the evidence file
Assemble the rent statement, the tenancy agreement, the deposit protection certificate and your gas, electrical and EPC paperwork before you draft anything. A defended claim usually turns on compliance documents rather than the ground itself.
Check the deposit was protected within 30 days and the prescribed information served. An unprotected deposit is the single most common reason a possession claim collapses.
Step 2. serve form 3a correctly
The prescribed notice is form 3A of the assured tenancy forms, and gov.uk’s guidance on giving notice sets out how to complete it. Name every ground you might rely on, because you cannot add one later without re-serving.
Serve it in a way you can prove: recorded delivery, personal service with a witness, or hand delivery with a dated certificate of service. Keep a photograph of the envelope and the posting receipt.
Step 3. wait out the notice period
The clock runs from the day after service, and the period depends entirely on the ground. It ranges from nothing at all on ground 14 to four months on the sale and occupation grounds.
Keep accepting rent during the notice period, because refusing it does not help you and taking it does not invalidate the notice. On ground 8, watch the arrears daily: a payment that drops them below three months kills the ground.
Step 4. issue the possession claim
You file form N5 with particulars of claim on form N119 at the county court covering the property. The fee is £415 as at the July 2026 fee schedule.
Rent arrears claims can go through Possession Claim Online, which is faster to issue. Sale and breach claims have to be filed on paper.
Step 5. attend the hearing
The first hearing is usually listed for five to ten minutes and the judge expects your bundle to be complete. Bring the original notice, proof of service, an up-to-date rent schedule and your compliance certificates.
If the tenant files a defence, the case is adjourned to a longer hearing that can add two to four months. Counterclaims for disrepair are the usual reason.
Step 6. get the possession order
An outright order normally gives the tenant 14 days to leave. A judge can extend that to six weeks where leaving would cause exceptional hardship.
On discretionary grounds you may instead get a suspended order, which lets the tenant stay while they pay the arrears plus an instalment. Breach it and you can go straight for a warrant.
Step 7. apply for the warrant and use the county court bailiff
Most tenants stay put until this stage, because Part VII of the Housing Act 1996 means a council can treat someone who leaves earlier as intentionally homeless. That is not obstruction, it is advice from the housing options team.
You apply on form N325, or N325A for a suspended arrears order, and the fee is £152. The bailiff sends the tenant a notice of eviction giving at least 14 days.
Step 8. transfer to the high court if the bailiff queue is too long
County court bailiff dates in busy areas run six to twelve weeks out. Transferring up to a High Court enforcement officer often gets an eviction booked inside three weeks.
You need permission from the county court first, which costs £123, and the enforcement officer’s own fees run £1,300 to £1,800. Judges refuse permission where the tenant was not warned that transfer was possible.
| Stage | Form | Fee | Realistic timing |
| Serve the Section 8 notice | Form 3A | None | Same day |
| Notice period | None | None | Same day to 4 months by ground |
| Issue the claim | N5 and N119 | £415 | Issued within a few days |
| Hearing and order | None | None | 7.6 weeks median from claim to order |
| Compliance period | None | None | 14 days, up to 6 weeks on hardship |
| Warrant of possession | N325 or N325A | £152 | 14.9 weeks median from claim to warrant |
| Bailiff eviction | Notice of eviction | None | 27.1 weeks median from claim to repossession |
| High Court transfer | Permission application | £123 plus £1,300 to £1,800 | 2 to 3 weeks once granted |
How long does eviction take and what does it cost?
Budget six to nine months and £2,500 to £8,000 including lost rent. The Ministry of Justice puts the median at 27.1 weeks from issuing the claim to the bailiff attending, and that is before the notice period.
What the ministry of justice figures show
For April to June 2026 the medians were 7.6 weeks from claim to order, 14.9 weeks from claim to warrant and 27.1 weeks from claim to repossession. All three improved slightly on the same quarter in 2025.
Landlord possession claims rose 6% year on year to 23,635 while repossessions fell 3% to 6,560. More landlords are starting the process and fewer are finishing it.
The bill you should budget for
| Cost | Typical figure | Can you recover it? |
| Possession claim fee | £415 | Sometimes, if the court makes a costs order |
| Warrant of possession | £152 | Sometimes, added to the judgment debt |
| Permission to transfer to the High Court | £123 | Rarely |
| Application on notice during the claim | £321 | Rarely |
| High Court enforcement officer | £1,300 to £1,800 | Rarely |
| Solicitor, undefended claim | £1,000 to £2,000 | Fixed costs only, around £70 to £100 |
| Solicitor, defended claim | £2,500 to £6,000 | Partly at best |
| Rent lost on a £1,200 a month let | £4,800 to £9,600 | A judgment debt you still have to enforce |
Why recovering the money rarely works
A costs order against a tenant who could not pay the rent is a piece of paper, not a payment. The NRLA has long argued that arrears written off at the end of a possession claim are the real cost of eviction, not the court fees.
That is the gap rent guarantee insurance is built for, because it pays the rent while the claim runs rather than chasing it afterwards.
What happens if you try to evict without a court order?
You commit a criminal offence under the Protection from Eviction Act 1977 and risk a council penalty of up to £40,000. Changing the locks is the fastest way to turn a possession claim into a prosecution.
What counts as harassment
Harassment is anything you do, or fail to do, that makes the tenant feel unsafe or pushes them to leave. Cutting off gas, water or electricity counts, and so does refusing repairs you would otherwise have done.
- Changing the locks or removing the tenant’s belongings.
- Withholding keys or blocking access to the heating controls.
- Turning up unannounced, repeatedly, to pressure the tenant into going.
- Threatening the tenant, their family or their visitors.
The civil penalty and the criminal offence
Since 1 May 2026 a council can impose a financial penalty of up to £40,000 under section 1A of the Protection from Eviction Act 1977, on the criminal standard of proof. It does not need to persuade a magistrate first.
Prosecution under section 1 still carries up to six months in prison summarily, or two years and an unlimited fine on indictment. A council that has already imposed the civil penalty cannot then prosecute you for the same conduct, so in practice you face one route or the other.
What it costs you in damages
The tenant can also sue for damages measured by the difference in the property’s value with and without them in occupation, which regularly reaches five figures. Ordinary landlord insurance will not touch a deliberate criminal act.
Nor will legal expenses cover fund your defence to an illegal eviction prosecution. The protection only works if you follow the process.
How is eviction different in Scotland, Wales and Northern Ireland?
Only England has abolished no-fault eviction outright. Wales still has a six-month section 173 notice, Scotland runs possession through a tribunal rather than a court, and Northern Ireland still uses a notice to quit.
Scotland: the first-tier tribunal
Private residential tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 end with a notice to leave citing one of 18 grounds. Notice is 28 days if the tenancy has run under six months or the tenant is at fault, and 84 days otherwise.
You then apply to the First-tier Tribunal for Scotland Housing and Property Chamber, which charges no fee. Every ground has been discretionary since 1 October 2022, so the tribunal always weighs reasonableness.
Wales: occupation contracts and section 173
The Renting Homes (Wales) Act 2016 replaced tenancies with occupation contracts and tenants with contract-holders. A landlord’s no-fault notice under section 173 needs six months and cannot be served in the first six months of the contract.
That makes twelve months the earliest realistic possession date on a new contract. Serious rent arrears and breach have their own shorter notices and go to the county court as in England.
Northern Ireland: notice to quit then county court
Northern Ireland has no Section 8 system. You serve a notice to quit of four weeks for a tenancy under a year, eight weeks for one to ten years and twelve weeks beyond that.
If the tenant stays, you apply to the county court for a possession order. Enforcement runs through the Enforcement of Judgments Office rather than a bailiff attached to the court.
| Nation | What the tenancy is called | Where the claim goes | Landlord notice | No-fault route? |
| England | Periodic assured tenancy | County court | Same day to 4 months | No, abolished 1 May 2026 |
| Wales | Occupation contract | County court | 6 months under section 173 | Yes |
| Scotland | Private residential tenancy | First-tier Tribunal | 28 or 84 days | No |
| Northern Ireland | Private tenancy | County court | 4, 8 or 12 weeks | Yes |
Which cover protects you through a possession claim?
Legal expenses cover pays the solicitor and court fees, and rent guarantee pays the rent while the claim runs. Together they cost £60 to £200 a year and turn a £9,000 problem into an excess.
Legal expenses cover
A legal expenses section typically funds £50,000 to £100,000 of legal costs for possession claims, rent recovery and contract disputes. It adds roughly £30 to £100 to a policy.
Almost every policy makes you notify the insurer before you instruct anyone. Call your solicitor first and the claim is usually declined.
Rent guarantee cover
Rent guarantee pays the rent from the point arrears reach the policy trigger, normally one month, and keeps paying until vacant possession. Most policies cap the payout at six or twelve months.
Insurers set referencing conditions before they will write it, which matters if you let to students, sharers in an HMO or tenants on housing benefit.
The void and the damage left behind
Once the bailiff has been, the property is empty and most policies restrict cover after 30 to 45 days. Tell your insurer the day you get the keys back and ask about unoccupied property cover.
Deliberate damage on the way out sits under malicious damage, while a one-off mishap needs accidental damage cover. Structural repairs fall to your landlord buildings policy and loss of rent to the let property section.
Landlords running several tenancies should check whether a portfolio policy includes legal expenses across every property rather than per address. It usually does, and at a lower cost per unit.
Frequently Asked Questions (FAQs)
No. Section 21 was abolished on 1 May 2026 and the last transitional claims had to be issued by 31 July 2026.
Three months’ rent must be unpaid at the date of the notice and still unpaid on the day of the hearing. The threshold was two months before May 2026.
Ground 14 carries no notice period at all, so you can issue the claim the same day you serve. It is discretionary, so the judge decides whether eviction is reasonable.
Use Ground 1A with four months’ notice, but only once the tenancy has run 12 months. You then cannot re-let or market the property for 12 months after possession.
A tenant can surrender the tenancy by agreement at any time and most cases end that way. You only need a court order if they stay past the notice.
£415 to issue the possession claim and £152 for a warrant of possession, on the fee schedule that took effect in July 2026.
Councils can treat a tenant who leaves before the bailiff as intentionally homeless, so housing options teams routinely advise them to wait. It is rarely personal.
Only if you are certain the tenancy has ended, and abandonment is hard to prove. Get an order rather than risk a £40,000 penalty for illegal eviction.
Legal expenses cover funds the solicitor and court fees on a possession claim. It does not pay the arrears themselves, which is what rent guarantee cover is for.
Add the notice period to a median 27.1 weeks from claim to repossession. On a four-month ground that is realistically nine to ten months.
There are no fixed terms in England any more. Every assured tenancy is periodic, so the grounds apply from day one apart from the 12-month bar on grounds 1 and 1A.
No. You serve a notice to leave, apply to the First-tier Tribunal rather than a court, and every one of the 18 grounds is discretionary.
An undefended arrears claim is manageable alone if your paperwork is complete. Anything involving a defence, a counterclaim for disrepair or a deposit problem needs a housing solicitor.