Speak directly to our team
01603 218000
Speak directly to our team
01603 218000
  • Resources
  • How to evict a tenant: a guide to the new rules
Home
16 mins read
Guides and advice Landlords

How to evict a tenant: a guide to the new rules

The Renters’ Rights Act has changed the way tenants can be evicted. Now, landlords can only use Section 8 grounds for possession if they want to take back their property.  

19.05.26

By Alice Longhurst

This content was factually correct when written but may not reflect current developments or information.

Evicting a tenant

To support this reform, Section 8 has also been amended, adding additional grounds for possession. To clarify these changes, we explain the new rules and what they mean for evicting tenants. 

Evicting a tenant under the Renters’ Rights Act 

In England, the Renters’ Rights Act has abolished Section 21 ‘no-fault’ evictions and fixed-term tenancies. It means you cannot evict a tenant simply because their tenancy term has ended, and the only eviction method available is to issue a Section 8 notice with specified grounds for possession. 

If your tenant doesn’t leave according to the conditions or date set out in the Section 8 notice, you’ll need to apply for possession through the courts and prove that your reasoning meets the requirements of the ground you’re using. You’ll also be expected to prove you have met your legal obligations to your tenant as a landlord. 

If your rental property is in Scotland, Wales, or Northern Ireland, the eviction process is different; guidance can be found at: 

The Section 8 eviction process is outlined in the Housing Act 1988. The clause specifies valid reasons for landlords to regain possession of their property (grounds for possession).  

There are eight ‘mandatory’ grounds that, if proven, a judge must grant an eviction if the case goes to court. Common mandatory grounds include: 

  • Ground 1 – occupation by the landlord or family. 

  • Ground 1A – the sale of the property. 

  • Ground 6 – the landlord needs to redevelop or demolish the property. 

  • Ground 8 – serious rent arrears of at least three months (if rent is paid monthly).  

There are also nine ‘discretionary’ grounds where the court can decide whether eviction should go ahead. Common discretionary grounds include: 

  • Ground 9 – rent arrears of less than three months. 

  • Ground 11 – persistent arrears if tenants repeatedly delay rent payments.  

  • Ground 12 – breach of tenancy if tenants break any conditions of their rental agreement. 

  • Ground 14 – antisocial behaviour (this applies to tenants and their guests).  

You can find a complete list of all mandatory and discretionary grounds at GOV.UK, grounds for possession (including notice periods).  

The three-step eviction process 

If circumstances mean you need to evict your tenants, the main steps to eviction are: 

Step one – serve the Section 8 notice 

You’ll need to download and complete Form 3A (Notice of Possession) and specify the grounds for possession. It’s essential to fill out the form correctly; otherwise, it can cause delays. 

Notice periods vary depending on the ground sued, so you’ll need to make sure you give tenants the correct date by which they need to leave. You’ll also need to ensure you’ve fulfilled your landlord responsibilities and, in particular, that your tenant’s deposit has been protected in a government-approved scheme.  

If your tenants dispute your Section 8 notice or they don’t leave your property by the date specified, you’ll need to apply to the courts for a possession order. 

Step two – apply for a possession order (if the tenant hasn’t left) 

If your tenant doesn’t leave by the end of the notice period set out in the Section 8 notice, you’ll need to apply to the county court for a possession order, where your case will usually be heard by a judge.  

To start this process, complete form N5 (claim for possession of property) and N119 (which details why you’re seeking possession). Rent arrears cases can be carried out online via the Possession Claim Online Service (PCOL) portal. 

If your claim does not relate to rent and you use forms N5 and N119, you’ll need to send the completed forms to your county court (by post or email).  

Remember that if you’ve chosen mandatory grounds for possession and have evidence to support this, a judge must enforce the eviction. If you’ve selected discretionary grounds only, it’s up to the court to decide whether eviction is reasonable. 

After your case has been heard, the judge can issue one of three types of possession orders: 

  • Outright possession order – where tenants must leave by the date on the order (for mandatory grounds, this is usually within 14 days). 

  • Suspended orders for possession – tenants can stay but must meet conditions to avoid eviction by a date determined by the judge. If they don’t follow the terms set out, you can apply for a warrant of possession. 

  • Possession order with a money judgement – this is usually added to one of the other two possession orders and instructs your tenant to cover a combination of court fees, your legal expenses and any rent arrears, if applicable. If the judge only issues a money judgement, you’ll have to reapply for a different possession order if you still want to evict the tenants. 

If you don’t agree with the judgement given, you may be able to appeal the decision. 

Step 3 – apply for a warrant of possession (if the tenant hasn’t left) 

If the judge issued an outright possession order but your tenants do not leave by the date specified, you’ll need to apply for a warrant of possession. You can also apply for this if your tenants breach any of the terms set out in a suspended orders for possession.  

To do this, you’ll need to complete form N325 (if you have an outright possession order) or form N325A (if you have a suspended order for possession).  

The court will confirm the warrant and send you details of when the bailiff will carry out the eviction. You cannot evict tenants yourself; you must follow the court's and the bailiff's guidance. 

If you want to speed up the process, you can apply to the High Court, but it will be more expensive.  

 

How long does it take to evict a tenant? 

Evictions are rarely immediate, and it can take several months. Notice periods for grounds for possession vary between two and four months. However, the whole process can take considerably longer if tenants dispute the notice or refuse to leave, as you’ll have to wait for a court date.  

Even if a judge grants an outright possession order, the final eviction date will still depend on how quickly a bailiff can be arranged to carry it out if the tenants still refuse to leave. 

Statistics from the Ministry of Justice show that, in 2025, the average time between claiming possession and achieving repossession was over ten months (40.7 weeks), with the median at over six months (27 weeks). 

 

How much does it cost to evict a tenant? 

It costs £404 to apply for a court-issued possession order. If the tenant doesn’t leave, you’ll need to apply for a warrant, which costs £148. If you want to transfer your claim to the High Court and speed up the process, you’ll have to cover the transfer fee, which is currently £123, and £80 to seal the writ. 

If your claim for possession ends with needing bailiffs, you’ll also need to factor in their costs. If you’ve sought legal help along the way, you’ll have to cover your solicitor’s fees too.  

All in all, eviction can become expensive. Not only that, if you’re evicting tenants for rent arrears, lost rent will also be accumulating. Nevertheless, landlord cover with legal & rent guarantee insurance, or standalone legal expenses insurance, can help mitigate costs and handle the legal process for you.    

 

Important exceptions and differences 

Section 8 evictions only apply to Assured Periodic Tenancies (APT). If you have a lodger who lives in your home and shares facilities like a kitchen, living room, or bathroom with you, they’re considered to be an ‘excluded occupier’ with an ‘excluded tenancy’. 

This means you only need to give them ‘reasonable’ notice if you want them to leave. Typically, this notice period equals the rental payment period. For example, if they pay rent weekly, you only need to give them one week’s notice. When the notice period ends, you can change the locks, but you must return your lodger's belongings. Find out more about excluded tenancies at GOV.UK, renting a room in your home.   

Evicting tenants in Scotland and Northern Ireland 

In Scotland, landlords must have grounds for eviction. There are 18 grounds to choose from, and you must specify the reasons for eviction in a formal Notice to Quit. Your notice will also need to include the date tenants must leave by, which is determined by the length of time they’ve been in the property. 

If your tenants don’t leave, you’ll need to go to the First-Tier Tribunal for Scotland and apply for an eviction notice. For details, go to mygov.scot, ending a tenancy. 

In Northern Ireland, the process is similar, and you’ll need to issue a written Notice to Quit. The notice period also depends on how long your tenant has been in the property.

If you’re evicting a tenant within their tenancy term, you must give a reason for doing so (and be able to provide evidence). If their tenancy has expired but is ongoing on a rolling basis, you won’t need to give a reason for eviction. 

If tenants don’t leave by the date given in the Notice to Quit, you’ll need to apply for a court possession order. If that isn’t effective, you should issue a Notice of Intent to Enforce, giving your tenants ten days to respond. After that, the final stage is to apply for full enforcement, which means an enforcement officer recovers your property. You can find out more at Housing advice for NI, right to evict. 

 

Protect your assets for peace of mind

The decision to evict is never easy, and the process can be drawn out and stressful, particularly if tenants are difficult to deal with. The good news is that the right landlord insurance can help you navigate tricky situations. 

Policies, including legal expenses, legal & rent guarantee insurance, can help cover rent arrears and handle the eviction process for you, ensuring you follow the correct legal route.

Speak to us:  01603 216399

Related guides and insights

15 mins
Tenant fees act

A guide to the Tenant Fees Act 2019

Since the Tenant Fees Act was passed in 2019, the fees charged by landlords and lettings agents have been severely restricted. In this guide, we show you which fees are still allowed – and which can put you on the wrong side of the law.

12 mins
A landlords guide to sitting tenants

A landlords guide to sitting tenants

Sitting tenants can complicate a sale, but that doesn’t always have to be the case. We explore how sitting tenants can affect your property and what you can do to make the sale process as smooth as possible.

15 mins
Evicting commercial tenants

The UK guide to commercial tenant eviction

A comprehensive guide to evicting a commercial tenant and regaining possession of your property.

17 mins
Finding good tenants | A landlord's guide

Finding good tenants | A landlord's guide

Every landlord wants to find good tenants for their buy-to-let properties. In this article, we share our tips and tricks for attracting responsible and pleasant tenants – and avoiding those ‘tenants from hell’.