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If you gave notice of possession to your tenants before 1 May 2026

This guide is for private landlords in England who issued their tenants with a valid section 8 or section 21 notice on or before 30 April 2026, where that notice remained valid immediately before 1 May 2026. It applies to all assured tenancies other than assured tenancies of social housing where the landlord is a private registered provider.

This guidance is aimed at landlords who served a section 8 or section 21 notice valid immediately before 1 May 2026 and applied to the court for a possession order on or before 31 July 2026. This guidance covers your rights and responsibilities during the court process.Ìý

You can no longer apply for a possession order using a section 8 or section 21 notice which you gave to your tenant before 1 May 2026. 31 July 2026 was the last date on which you could make an application. If you asked the court to issue a claim form on or before 31 July, however, the case will continue until proceedings have concluded.

You can no longer issue section 21 notices for existing and new tenancies from 1 May 2026. If you issued a section 8 notice using one of the grounds as they existed on and after 1 May, you will need to refer to the guidance on the possession process on or after 1 May 2026.

This guide does not cover:

• people on a licence to occupy (for example, those who live in tied accommodation related to their employment)
• furnished holiday lets
• ‘resident landlords’ who let to

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

This guidance does not apply to Private Registered Providers of social housing (PRPs). See the guidance for private rented providers of social housing. The Renters’ Rights Act 2025 changes will only apply to PRPs from 2027 at the earliest.

Serving a notice of possession before 1 May 2026

You must have given your tenant a valid notice which was still valid immediately before 1 May 2026. If you did not, the court will not be able to grant a possession order based on section 21 or the section 8 grounds as they existed before 1 May 2026.

If you still want to regain possession of your property, you will need to start the possession process again using the section 8 grounds available on and since 1 May 2026.

If you served your tenant with a section 8 notice

For the section 8 notice to be valid at the point it was given to the tenant(s):

• you must have given notice to your tenants using form 3 or a form substantially to the same effect
• it must have included at least the minimum amount of notice
• you must have explained the grounds you are using and the reasons why they apply. You must have used at least one of the grounds summarised atÌýannex A

Time limits for starting court action

If you gave a section 8 notice to your tenant before 1 May 2026, which was still valid immediately before 1 May 2026, you can only have used it to start court proceedings until whichever date came first:

• 12 months after the date you gave the notice, or
• 31 July 2026

If the tenant is in a breathing space

Your tenant may have entered a breathing space, which gives them legal protection from creditors.

If your tenant is in a breathing space, you cannot start the court process to get your property back if you served notice on your tenant using grounds 8, 10 or 11 because they owed rent. If the section 8 notice would have otherwise expired whilst your tenant was in the breathing space, or if 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 beginning with the date that the breathing space ends to ask the court to start court proceedings.

If the above applies in your case, when the breathing space ends you may still be able to start court proceedings using a section 8 notice served before 1 May 2026Ìý. However, you should take legal advice about your individual circumstances.

Types of grounds for eviction

You can use two types of grounds when asking the court to grant a possession order.

Mandatory grounds

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

Examples include:

• the tenant owes at least 8 weeks rent when the section 8 notice is served and at the time of the possession hearing
• the tenant has been convicted of antisocial behaviour

Discretionary grounds

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.

Information about the possession grounds which were available before 1 May 2026 can be found at Annex A.

If you served your tenant with a section 21 notice before 1 May 2026

If you gave a section 21 notice to your tenant before 1 May 2026, then you must have used it to start court proceedings by whichever date came first:

• the time left on the notice
• 31 July 2026

If the earliest date that possession proceedings could have begun in your notice was on or after 1 August 2026, you cannot use the notice to apply to court to get your property back.

The court will only be able to grant possession if you meet the following requirements:

• your tenant had an assured shorthold tenancy
• you gave the notice of possession on or before 30 April 2026
• the tenancy started at least 4 months before the date you gave the notice
• you gave notice under section 21 using form 6A or a form substantially to the same effect
• you gave at least the minimum required amount of notice
• you repaid any payments that should not have been taken from your tenant, as set out in the Tenant Fees Act 2019 before you served the section 21 notice
• if you took a deposit, you put this in a government-approved scheme, complied with the requirements of the scheme when you received the depositÌýand gave the tenant theÌýrequired information about tenancy deposit protection
• you gave your tenant a valid gas safety certificate (if there’s a gas supply)
• you gave your tenant an Energy Performance Certificate (EPC)
• you gave your tenant the ‘How to rent’ guide. You must have given your tenant the most up to date version of the guide when you gave it to them
• you received or applied for a licence for the property from the local council, if the property needed one.

There are also restrictions on regaining possession under section 21 if you were served with an improvement notice or emergency remedial action notice in the six months before you served a section 21 notice. You should seek legal advice if this applies to you.

Providing proof that you gave the notice

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

You can fill out a certificate of service (N215) form and send it to the court with your application.

If you made a claim for possession to get your property back

This section of the guidance provides information about the possession process for landlords who applied to the court for a possession order on or before 31 July 2026. If you gave your tenant a section 21 or section 8 notice before 1 May 2026, it is now too late to use it to apply to court if you haven’t done so already. You can get legal advice to see if this applies to you.

Standard possession claims

If you made a possession claim using the standard process, using Form N5, there will be a court hearing which you will need to attend.

If you used the online service

If you used the possession claim online service (PCOL) to apply for a possession order, you can fill in court forms online and see your claim progress. You will need to give proof of rent payments due and received for up to a maximum of two yearsÌý.

You can contact the Possession Claim Online help desk if you need help or advice.

Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm
Email: PCOLITassistance@justice.gov.uk

What happens nextÌý

After issuing the claim form the court will:Ìý

• send your tenant a copy of your application and any other relevant documentsÌý
• send you a notice of issue of your possession claim with your claim number
• set a date for the possession hearingÌý

If your tenant thinks they should not be required to give back possession of the propertyÌý, they can send their reasons to the court and the court will send you a copy of this defence.

Accelerated possession claims

If you made your possession claim using the accelerated process using Form N5B, then neither you nor your tenant will need to attend court. The judge will decide whether to make a possession order based on the documents you and your tenant have sent.

There will only be a hearing in accelerated section 21 cases if the judge needs more information before deciding on whether a possession order should be made. For example, if a judge needs to consider the tenant’s defence in greater detail.

What happens next

The court will:

1. send your tenant a copy of your application and any other relevant documents
2. give them 14 days to respond
3. send you a notice of issue of your possession claim with your claim number

If your tenant does not respond within the time allowed

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.

A judge will either:

• make a decision on the papers, normally without a hearing,
• have a court hearing. They will do this if they are not satisfied that:
  • the claim form was served
  • you have not established that you are entitled to regain possession of the property under section 21.
• strike out your possession claim if your claim form shows no reasonable grounds for you having brought the claim.

If your tenant disagrees with the possession claim and sends a defence, the court will send you a copy of it. The judge will then consider the claim and the defence and either:

• make an order for possession
• fix a hearing date; or
• strike out your possession claim if your claim form shows no reasonable grounds for you having brought the claim

You can find a legal adviser to get legal advice

If your tenant agrees to leave but needs more time

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:

• have been in hospital
• are seriously ill
• have a disability and need an adapted home

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

A judge may:

• give the tenant up to 6 weeks to leave
• set a hearing to consider their request for more time

What you need to do before the hearing

For section 8 and section 21 cases where you have used the standard possession procedure, there will be a possession hearing. The court will tell you the date of the hearing and give you extra information if needed.

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

• include the claim form (N5 or N5B) you used to make the claim and the particulars of claim form (N119) where applicable
• include any other documents and statements you want to submit to the court to support your claim
• include a copy of the tenant’s defence if they submitted one

Possession hearings and orders

Court hearings for possession orders are usually held in the county court that deals with the area where your property is located. You should let the court know as soon as possible if you have any special requirements. For example, if you need extra assistance to access the building or engage with the hearing.

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

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

Orders the judge can make

Order for possession (or ‘outright possession order’)

This means your tenant must leave your property by the date given in the order.

Suspended order for possession

This means your tenant can stay in your property if they follow certain rules or conditions set out in the order.

Money order

This means your tenant must pay you a specified amount of money. They will also have to vacate the property if the money order is accompanied by a possession order

Read the possession hearings and orders guidance for more information about the decisions a judge can make and how you can appeal.

Warrants and evictions

Applying for a warrant of possession

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

• you have an outright possession order and the tenant does not leave by the date for possession in the order
• the tenant breaks the conditions of a suspended possession order and you want them to leave the property

For more information about how to apply for a warrant please refer to: Evicting tenants in England: If tenants do not follow a possession order

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

The tenant may apply to suspend the warrant.ÌýA tenant can also ask the court to set aside the possession order. 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.

You should get legal advice.

Why a possession order may be set aside or delayed, or a warrant for possession may be suspended

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

• 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 hearing, and:
  • they had a good reason for missing the hearing
  • they applied to have the warrant or possession order delayed as soon as they knew that the court had made a possession order
  • they 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 reasonable. 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 stay. 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.

On the day of eviction:

• meet the bailiff outside the property, with spare keys if you have them
• do not enter until the bailiff says you can
• you may want to bring a locksmith to help gain entry and change locks after the eviction
• You are responsible for any pets or belongings left behind in the property and should seek legal advice on how to discharge your duties depending on the circumstances of your case.

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

For more information read the if tenants do not follow a possession order guidance.

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 their 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.

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 to have provided at least 2 months’ notice.

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.

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)
1 month (fixed-term tenancy)	Ìý
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