°Ç¸ç³Ô¹Ï

This guide is for private landlords in England who issued a section 8 or section 21 notice to tenants on an assured tenancy or an assured shorthold tenancy before 1 May 2026 and the notice(s) remain valid immediately before 1 May 2026.

The tenancy reforms of the Renters’ Rights Act 2025 start on 1 May 2026. If you issued a notice on or after this date, you will need to refer to the guidance on the possession process on or after 1 May 2026. You can no longer useÌýsectionÌý21 evictionsÌýfor existingÌýand new tenanciesÌýfrom 1 May 2026.

This guide does not cover:Ìý

• people on a licence to occupy (for example, those who live in tied accommodation related to their employment)Ìý

• holiday letsÌýÌý

• ‘resident landlords’ who let to Ìý

Separate guidance has been published about repossessing your property in , and .Ìý

This guidance does not apply to Private Registered Providers of social housing (PRPs). The Renters’ Rights Act 2025 changes will only apply to PRPs from 2027.

Serving a notice of possession before 1 May 2026Ìý

You must have given the correct notice to your tenant before you can apply to the court to evict them. If youÌýdid not give enoughÌýnotice to your tenant, you will need to restart the possession process. Read the possession process on or after 1 May 2026 guidance for more information.

Serving your tenant with a section 8 noticeÌý

If you gave your tenant a section 8 notice before 1 May, you will need to use the grounds summarised at annex A.Ìý

You must have served the notice of possession correctly before 1 May 2026. If you did not, the notice will not be valid and the court will not be able to grant a possession order.Ìý

Section 8 notices which used the grounds for possession as they existed before 1 May 2026 (see annex A) cannot be served on tenants on or after 1 May 2026.Ìý

If you gave your tenantÌýaÌýsection 8 notice before 1 May, youÌýwillÌýneed to use the grounds summarisedÌýatÌýannex A.

For a section 8 notice to be valid:Ìý

• you must have used Form 3 or a form to substantially the same effect and served it on your tenantsÌý

• it must have included the right amount of noticeÌý

• you needed to set out fully the substance of the grounds on which you relied and the reasons why you thought the ground applied.

Time limits for starting court actionÌý

On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 started. The tenancy reforms created new grounds for possession. If you gave a section 8 notice to your tenant before 1 May 2026, then on or after that date you can only use it to start court proceedings up to and including whichever date comes first:Ìý

• 12 months after the date you gave the noticeÌý

• 3 months beginning on the 1 May 2026

If the tenant is in a breathing spaceÌý

Your tenant may enter a breathing space, which gives them legal protection from creditors.ÌýÌý

If you served notice on a rent arrears ground (grounds 8, 10 or 11) you cannot start court proceedings for possession whilst the tenant is in a breathing space. If the section 8 notice would have expired during this time, or when the breathing space ends you have less than 8 weeks before the notice expires, the time limit for asking the court to issue possession proceedings will be extended. In those circumstances you will have 8 weeks from the date that the breathing space ends to start court proceedings. Ìý

Types of grounds for eviction

You can use two types of grounds when asking the court to evict a tenant. Information about the possession grounds which were available before 1 May 2026 and the notice periods you must have given to use them can be found at annex A

Mandatory groundsÌý

If you prove the ground applies, the judge must order the tenant to leave.ÌýÌý

Examples include:Ìý

• the tenant owes at least 8 weeks rent when the section 8 notice is served and at the time of the possession hearingÌý

• the tenant has been convicted of antisocial behaviourÌý

Discretionary groundsÌý

If you prove the ground applies, the judge can order the tenant to leave, but only if they think it is reasonable to do so. For example, the tenant has allowed the property or the furniture to deteriorate.Ìý

Serving your tenant with a section 21 noticeÌý

The advice in this section of guidance applies to landlords who gave their tenant a fixed term at the start of the tenancy, typically of 6 or 12 months. For theÌýSection 21Ìýnotice to be valid, youÌýcanÌýonlyÌýhaveÌýrequired your tenants to leaveÌýatÌýorÌýafterÌýthe end of their fixedÌýterm. YouÌýmust have givenÌýthem the noticeÌýbefore 1 May 2026.

If you had a periodic or rolling agreement in place with your tenant from the start of the tenancy and served a section 21, you should seek legal advice about when this notice expires. You should also seek your own legal advice if you have gave a contractual periodic tenancy at the end of a fixed term and served a section 21 notice.Ìý

Since 1 May 2026 section 21 evictions have been removed for existing and new tenancies under the Renters’ Rights Act 2026.ÌýÌý

If you gave a section 21 notice to your tenant before 1 May 2026, then you can only use it to start court proceedings up to and including whichever date comes first:Ìý

• the time left on the notice

• 31 July 2026

This limit is set by the Renters’ Rights Act 2025 and may shorten the time to start court proceedings compared to the time periods shown on the form.

If the earliest date that possession proceedings can begin in your notice is on or after 1 August 2026, the notice will be invalid for the purposes of issuing possession proceedings.ÌýÌý

In addition, your section 21 notice will only be valid if the tenancy is eligible:

• your tenant had an assured shorthold tenancy Ìý

• on the date you gave the notice at least 4 months had passed since the tenancy startedÌýÌý

You gave notice under section 21 and give the correct notice period

• you gave notice under section 21 (form 6A is the form prescribed for this purpose)Ìý

• you needed to give at least 2 months’ noticeÌý Ìý

You had not recently received an improvement notice or notice of emergency remedial action from the council

• you did not receive an improvement notice or notice of emergency remedial works from the council in the 6 monthsÌýbefore you gave theÌýsection 21 notice

• if you received an improvement or notice of emergency remedial action notice, you must also have carried out the repairs before giving your tenants a section 21 noticeÌý

• if you gave notice before the council issued an improvement notice or notice of emergency remedial action, your section 21 notice may still be validÌý

An exception to this is if the improvement notice or notice of emergency remedial action was quashed, for example, on appeal, before 1 May 2026.Ìý

You refunded any unlawful charges

• you repaid or properly accounted for any prohibited payments you tookÌýÌý

• the Tenant Fees Act says that you are only allowed to take certain permitted payments.

• When checking the validity ofÌýyour section 21 notice, you should disregard the change made by the Renter’s Rights Act 2025 to theÌýpermitted payments

You protected the tenant’s deposit - you put the deposit in a government-approved scheme ÌýÌý

• youÌýcomplied withÌýthe requirementsÌýofÌýthe scheme when you received the deposit

• you gave the tenant the required information about tenancy deposit protectionÌý

You provided the following documents:

• a valid gas safety certificate (if there’s a gas supply)Ìý

• an Energy Performance Certificate (EPC)Ìý

• the correct version of the ‘How to rent’ guide at the time the tenancy began or was renewedÌý

You received or applied for a licence for the property from the local council, if the property needed one.

Providing proof of serviceÌý

You will need to show the court that you served notice correctly and gave the right amount of notice. This will help the judge to decide whether to grant a possession order.Ìý

You will need to keep a copy of the notice for yourself if you wish to apply to the court for possession.Ìý

You can fill out a certificate of service (N215) form and include that in the paperwork you send to the court.Ìý

Making a claim for possessionÌý

If your tenant has not left by the date in the notice, you can apply to the court for a possession order to evict them.ÌýÌý

If you are evicting a tenant under section 8, you will need to use the standard possession process. Depending on the reason you want to evict your tenant, you can use an online service or a paper-based service.Ìý

If you are evicting a tenant under section 21, you can use the accelerated possession process or the standard possession process.ÌýÌý

Standard possession claimsÌý

If you gave your tenantÌýaÌýsection 21Ìýnotice, orÌýaÌýsection 8ÌýnoticeÌýbefore 1 May 2026, you will not usually beÌýable to makeÌýaÌýstandard possession claim on orÌýafter 1ÌýAugust 2026. If you do, your claim is likely to be dismissed.

If you make a possession claim using the standard process, there will be a court hearing which you will need to attend. You will need to use the standard process if you are seeking to evict your tenant under section 8.Ìý

You can use the online service if you are evicting your tenant only for owing you rent. You will need to use the paper-based service if you need to evict your tenant for another reason under section 8. For example, if:Ìý

• you need to move into your propertyÌý

• your tenant has broken the terms of the tenancy agreementÌý

• your tenant is engaging in antisocial behaviourÌý

See annex A for a full list of grounds for eviction.Ìý

Both the paper-based and online services cost £404.Ìý

Using the paper-based application processÌý

You must complete the forms accurately and include the correct evidence to support your claim. If you do not, you may have to start the process again.Ìý

Fill in the paper standard possession claim form (N5) and the particulars of claim form (N119). You should post, email or deliver it to the county court that covers housing in your area. You can find the details online on the courts and tribunal website. You can also include a certificate of service (N215) form to give details about who you served notice on and how and when you did this.ÌýÌý

You must give the court at least one extra copy of each of the documents. The court will send these to your tenant. If the tenancy is in joint names, you will need to send an additional copy for each person. You should keep a copy for yourself. Ìý

Sending documents to court by emailÌý

If you send your claim by email:Ìý

• you can only send one emailÌý

• it must not be bigger than 10 megabytes including attachmentsÌý

• the email and attachments must not be longer than 25 pages when printedÌý

Using the online service when a tenant owes you rentÌý

You can use the Possession Claim Online Service (PCOL), if you are only evicting your tenant for owing you rent. Ìý

The service lets you fill in court forms online and you can see your claim progress. You will need to give proof of payments due and received for up to a maximum of two years.Ìý

You can use the paper based service if you prefer.Ìý

Contact the PCOL help desk if you need help or advice.Ìý

Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pmÌýEmail: PCOLITassistance@justice.gov.ukÌý

What happens next Ìý

The court will: Ìý

• send your tenant a copy of your application and any other documents Ìý

• send you a notice of issue with your claim number – keep this safe for future correspondence Ìý

• set a date for the possession hearing Ìý

If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted. Ìý

The court will send you a copy of their defence, and you may want to seek legal advice. Ìý

Accelerated possession claimsÌý

An accelerated possession claim lets you evict a tenant more quickly than the standard process. You will not usually need to go to a hearing.Ìý

You can apply for an accelerated possession order if your tenants have not left by the date in your section 21 notice. It costs £404.ÌýÌý

You will not usually be able to start court proceedings using section 21 on or after 1 August 2026. You won’t usually be able to apply for an accelerated possession order on or after this date. If you do, your claim is likely to be dismissed.Ìý

You cannot claim for rent arrears within the accelerated procedure. If you want to claim for rent arrears you will need to either use the standard procedure or use the accelerated process and apply for a separate money order from the court to claim the rent arrears.Ìý

In most cases, the judge will decide whether to make a possession order based on the documents you and your tenant have sent. Neither you nor your tenant will need to attend court. There will only be a hearing if your tenant contests the claim and the judge feels it is appropriate to consider your tenant’s defence.ÌýÌý

How to apply for an accelerated possession claimÌý

1. Download and fill in form N5B (for properties in England).

2. Send the completed form to the county court that covers the area where your property is. Find a court or tribunal. Include a copy of the form and any supporting documents for each person on the tenancy, and anyone else with an interest in the property.

3. Pay the court fee- see How to pay court fees below.ÌýÌý

4. Keep a copy of everything for your own records.

What happens nextÌý

The court will:Ìý

• send your tenant a copy of your application and any other documentsÌý

• give them 14 days to respondÌý

• send you a notice of issue with your claim number, you should keep this safe for future correspondenceÌýÌý

If your tenant does not respond within the time allowedÌýÌý

If your tenant does not respond within 14 days, you should fill in the bottom of the form the court sent to you and return it. This is known as the ‘written request for a possession order’. You need to send this to the court to request a possession order. A judge will then review your case and may make a possession order.Ìý

A judge will decide either to:Ìý

• make a decision on the papers, normally without a hearing

• have a court hearing. This usually only happens if your tenants raiseÌýa defence, or ask for more time to leaveÌý

If your tenant sends a defenceÌý

They may explain why they think they should not be evicted. In this case:Ìý

• the court will send you a copy of their defenceÌý

• a hearing date is likely to be setÌý

• you may want to get legal adviceÌý

If your tenant agrees to leave but needs more timeÌý

They can ask the court for extra time to move out if leaving the property quickly would cause them exceptional hardship. For example, if they:Ìý

• have been in hospitalÌý

• are seriously illÌý

• have a disability and need an adapted homeÌý

You will be sent a copy of their request. If you agree, write to the court to confirm.Ìý

A judge may:Ìý

• give the tenant up to 6 weeks to leaveÌý

• set a hearing to consider their defenceÌý

How to pay court feesÌý

You can apply for help with court fees either online or via paper.ÌýÌý

To pay the court fee you can:Ìý

• send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed paperworkÌý

• pay by credit or debit card over the phone by giving your telephone number in your email or covering letterÌý

• if you have set up a fee account with HM Courts and Tribunal Service, you can ask the court to charge the fee to this account.Ìý

Fee accounts are for people who pay more than 12 court fees a year.Ìý It helps fees to be paid quickly. Find out more about setting up a fee account.

What you need to do before the hearingÌý

For section 8 and section 21 cases where you have used the standard possession procedure, there will always be a possession hearing. In accelerated section 21 cases, where the judge is not satisfied on the papers that a possession order should be made, there will be a hearing. For example, ifÌýa judge needs to consider the tenant’s defence. The court will tell you the date of the hearing and give you extra information if needed.Ìý

At least 14 days before the hearing, you should send a copy of all case documents to the court at the address provided:Ìý

• include the claim form (N5) and particulars of claim form (N119)Ìý

• include any other documents and statements you want to submit to the court to support your claimÌý

• include a copy of the tenant’s defence if they submitted oneÌý

Possession hearings and ordersÌýÌý

Court hearings for possessions are usually held in the county court that deals with the area where your property isÌýlocated. You should let the court know as soon as possible if you have anyÌýspecial requirements. For example, if you need extraÌýassistanceÌýto access the building or engage with the hearing.ÌýÌý

Before attending a hearing, itÌýis important that you know what to expect when coming to a court or tribunal.Ìý

You should bring copies of the relevant paperwork to the possession hearing.ÌýÌý

Before the possession hearing, the court will:Ìý

• send your tenant a copy of your application and any other documentsÌý

• send you a notice of issue with your claim number – keep this safe for future correspondenceÌý

• set a date for the possession hearingÌý

• If your tenant wants to defend the possessionÌýproceedingsÌýthey should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted.Ìý

The court will send you a copy of their defence, and you may want toÌýseekÌýlegal advice.Ìý

At theÌýhearingÌýthe judge might:Ìý

• adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day)Ìý

• dismiss the court case - no order will beÌýmadeÌýand the hearing will endÌý

• make aÌý‘possession order’ -Ìýthe judge will make a ruling on whether your tenant should leave your property or whether they can stay subject to conditionsÌý

The judge will dismiss the case ifÌýthere’sÌýno reason your tenants should be evicted. This might also happen if:Ìý

• you have not followed the correct procedureÌý

• you or your representativeÌýdoÌýnot attend the hearingÌý

• your tenants have paid any rent that was owedÌý

If the judge dismisses the case, you:

• will not be able to apply for enforcement. Your tenants will be able to stay in the property
• may be ordered to pay the tenant’s legal costs to defend the claim

Depending on the reason for dismissal, you may be able to continue to seek possession but you will have to re-start the possession process. You may want toÌýget legal advice first.

Possession orders

The judge can make different kinds of possession order.

Outright possession order

This order requires your tenant to leave your property by the date in the order.

The date your tenants must leave your property depends on the reason why the court has made the order for possession. If you used a mandatory ground the date will usually be within 14 days of the order being made.

The judge:

• may allow your tenant up to 6 weeks to leave the property if the tenant would suffer extreme hardship if they had to leave earlier
• can delay the eviction for longer if you used a discretionary ground

Suspended orders for possession

A suspended order gives a date for possession and conditions which your tenant must meet to avoid eviction. For example, they might have to pay the rent plus a stated amount towards what they owe each month.

So long as your tenant keeps to the conditions, you will not be able to evict them. If your tenant does not stick to the conditions, you can ask the court to issue a ‘warrant for possession’. A bailiff will be appointed to evict your tenant.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means your tenant owes a specific amount of money, usually made up of:

• rent arrears
• court fees
• your legal costs

Money order

A money order alone means your tenant must pay you an amount decided by the court, but they do not have to leave the property.ÌýYou can apply to court to enforce the money order if they do not make the payments.

If the tenant does not pay, you may be able to ask the court to enforce a possession order with a money judgment or a money order by:

• deducting money from the tenants’ wages or bank account
• sending bailiffs to recover the debt, which could include taking away belongings to cover the amount owed

If you want to evict your tenant and only a money order was made, you will need to reapply to court for a possession order.

Appealing against the decision

If you do not agree with the judge, you may be able toÌýappeal against the decision if you have legal grounds.

For example, if the court:

• made a serious legal mistake
• did not follow the correct process

At the end of the hearing, you should ask the judge for the reasons for their decision and for permission to appeal. If the judge does not give you permission you will need to apply to a higher court for permission, you can ask for it as part of your notice of appeal.

You will usually have 21 days to appeal. You should seekÌýlegal adviceÌýas soon as possible if you want to do this.

Warrants and bailiffsÌý

You will need to apply for a warrant of possession if:Ìý

• you have an outright possession order, and the tenant does not leave by the date in the order

• the tenant breaks the conditions of a suspended possession order

• you still want the tenant to leaveÌý

You should use:Ìý

• Form N325 if you have an outright possession orderÌý

• Form N325A if you have a suspended possession orderÌý

It costs £148 to apply. You can request the warrant through the online possession claim service if you used it to make a claim for possession. Otherwise, send your form and payment to the court that handled your claim.Ìý

Transferring the warrant to the High CourtÌý

You can apply to transfer your case to the High Court for faster enforcement, but it will cost more.Ìý

You will need permission from the county court using form N244 (unless already granted, in which case you should use form N293A). You will get a writ of possession instead of a warrant, which allows High Court enforcement officers to evict your tenant.Ìý

It costs £123 to apply for a transfer and £80 to seal the writ (plus High Court enforcement fees).Ìý

After the warrant is issuedÌý

The court will:Ìý

• confirm in writing that the warrant has been issuedÌý

• send you form EX96 with the bailiff appointment date and timeÌý

• send you a risk assessment form (EX97A)ÌýÌý

The court will send your tenant an eviction notice with the date of the eviction appointment. They must provide at least 14 days’ notice.Ìý

You must send back forms EX96 and EX97A at least 3 working days before the eviction appointment.Ìý

When filling out the risk assessment, include as much detail as possible. The eviction may be delayed if you return the forms late or do not give accurate information about any risks.Ìý

On the day of eviction:Ìý

• meet the bailiff outside the property, with spare keys if you have themÌý

• do not enter until the bailiff says you canÌý

• you may want to bring a locksmith to help gain entry and change locks after the evictionÌý

You are responsible for any pets or belongings left behind in the property.Ìý

County court bailiffs cannot help you recover rent arrears or money for damage to your property. To recover money, you will need to make a separate money claim. If you do not know the tenant’s address you may need to use a tracing service to find them.Ìý

If the tenant asks for more time or applies to set aside the possession orderÌý

The tenant may apply to suspend the warrant. A tenant can also ask the court to set aside the possession order.Ìý If they do, there will be a court hearing and you should attend. The judge will decide if it’s lawful and reasonable to delay or stop the eviction.Ìý

You should get legal advice if the tenant:Ìý

• applies to suspend the warrantÌý

• applies to set aside the possession orderÌý

Why a possession order may be set aside or a warrant for possession may be suspendedÌý

The circumstances in which a possession order may be set aside or a warrant for possession suspended include:Ìý

• if the section 21 notice was invalid The court may set aside a possession order if accelerated possession proceedings were used and the section 21 notice was invalid.

• if the tenant couldn’t attend the original court hearingÌý

The tenant can apply for the court decision to be set aside if they:Ìý

• had a good reason for missing the court hearingÌý

• applied to have the order set aside as soon as they knew that the court had made a possession order

• would have had a good chance of persuading the court not to make the possession order if they had attended

• if suspending the bailiff’s warrant is reasonableÌý If a discretionary ground was used, the court can suspend the bailiff’s warrant if they decide it is reasonable to do so.

• if you agree to let your tenant stayÌý If, after discussion with your tenant you decide not to pursue the eviction and let them stay in their home, the tenant can make an application for the warrant to be suspended.Ìý

Annex A: Grounds of possession and minimum notice period lengths under section 8 of the Housing Act 1988 in England before 1 May 2026

These grounds or reasons for the eviction and the notice periods are only relevant if you issued a notice before 1 May 2026. The grounds and notice periods for notices served on or after 1 May 2026 have changed and are available on the grounds for possession guidance.Ìý

If you used multiple grounds for possession, the longest notice period will generally apply. For example, to serve notice using ground 6 and ground 8, you would need tohave provided at least 2 months’ notice.Ìý

There is an exception for the antisocial behaviour grounds 7a and 14. If either of these grounds were used, the notice period for the antisocial behaviour ground would apply. If both grounds 7a and 14 were used, the notice period provided under ground 7a would apply.Ìý

Ground	Notice period
Mandatory (judge must award possession if ground met)	Ìý
1: Landlord needs to move in	2 months
2: Mortgage repossession	2 months
3: Out of season holiday let	2 weeks
4: Let to student by an educational institution	2 weeks
5: Property required for use by minister of religion	2 months
6: Demolition / redevelopment	2 months
7: Death of tenant	2 months
7a: Serious anti-social behaviour	4 weeks (periodic tenancy)ÌýÌý1 month (fixed-term tenancy)
7b: No right to rent in the UK	2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings	2 weeks
Discretionary (judge can decide whether to award possession, if ground met)	Ìý
9: Alternative accommodation available	2 months
10: Some rent arrears at the time of service of notice and possession proceedings	2 weeks
11: Persistent late payment of rent	2 weeks
12: Breach of tenancy agreement	2 weeks
13: Tenant deteriorated property	2 weeks
14: Nuisance/annoyance, illegal/immoral use of property	None – proceedings may be commenced immediately after service of notice
14A: Domestic abuse (social tenancies only – where victim has permanently left the property)	2 weeks
14ZA: Rioting	2 weeks
15: Tenant has deteriorated furniture	2 weeks
16: Employment	2 months
17: False statement	2 weeks