Eviction notice: how to evict a tenant in England in 2026

How to evict a tenant: the lawful process

There are three stages: notice, court order, bailiffs. You cannot skip one. For an assured periodic tenancy, which is what almost every private tenant in England has had since 1 May 2026, GOV.UK sets the route out plainly: serve a section 8 notice, apply to court for a standard possession order if the tenant does not leave, then ask for a warrant for possession if the order is not followed.

You also need a reason. The no fault route has gone, as our guide to section 21 being abolished explains. Every eviction now rests on a legal ground such as rent arrears, antisocial behaviour, selling or moving in.

This guide covers England. The rules in Scotland, Wales and Northern Ireland are different. It is general information, not legal advice, and a disputed case is worth paying a solicitor for.

Sources: GOV.UK: evicting tenants in England, overview · GOV.UK: repossessing your privately rented property on or after 1 May 2026

Step 1: serve the eviction notice

The eviction notice a private landlord serves is a section 8 notice on Form 3A. It names each ground you rely on, with its full legal wording, and gives the earliest date you can apply to court. Our guide to the section 8 notice and Form 3A covers completing and serving it.

The notice period depends on the ground: 4 months if the tenant has done nothing wrong (selling, moving in), 4 weeks for rent arrears, 2 weeks for a breach of the agreement, and none for antisocial behaviour. The full list of section 8 grounds shows every period.

Serve a copy on each tenant and record how and when you did it, on the court’s certificate of service form N215 or on the notice itself. The tenant does not have to leave when the notice period ends. If they do, the process stops there.

Sources: GOV.UK: giving notice to evict tenants · GOV.UK: repossessing your privately rented property on or after 1 May 2026

Eviction notice template: use the official form

There is no place for a home-made eviction notice template. The law requires Form 3A or a form substantially to the like effect, and the government’s guidance warns that a notice with missing or inaccurate legal wording may be invalid, which can mean the court dismisses the claim and you start again.

Form 3A is free on the GOV.UK assured tenancy forms page. TenancyDesk’s Form 3A generator fills in the same form with the government’s wording for each ground and the earliest court date.

Sources: GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: giving notice to evict tenants

Step 2: apply to court for a possession order

If the tenant is still there after the date in the notice, apply to the county court. GOV.UK says you will usually have up to 12 months from giving notice to do so. If the claim is about rent arrears and nothing else, you can use the Possession Claim Online service. For any other ground, complete forms N5 and N119 and send them to the court that deals with housing possession for the area. The fee is £415.

The court sends the tenant the papers and fixes a hearing. The tenant has 14 days from receiving the claim to send a defence. You should send the court copies of all your case documents at least 14 days before the hearing.

Have your paperwork in one place before you apply: the tenancy agreement, the Form 3A you served, your record of service, and for arrears a statement showing the rent owed. GOV.UK says to bring copies of the relevant paperwork to the hearing, and the judge will decide the case on what you can show.

The court will make a possession order only if any deposit was protected in a government-approved scheme with the required information given, has been returned, or the issue has been settled in court. Check your deposit protection records before you issue the claim.

Sources: GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: giving notice to evict tenants

Step 3: the possession hearing and the order

At the hearing the judge can make a possession order, make a money order for arrears and costs, adjourn, or dismiss the case. GOV.UK says cases are dismissed where there is no reason to evict, where the landlord has not followed the correct procedure, or where the tenant has paid the rent that was owed.

If you prove a mandatory ground, the judge must make an outright order, and the date to leave will usually be within 14 days. The judge may allow up to 6 weeks if leaving sooner would cause exceptional hardship. On a discretionary ground the judge decides whether an order is reasonable, and may suspend it so the tenant can stay if they keep to conditions.

Tenants can get free legal advice and representation on the day through the Housing Loss Prevention Advice Service. Either side usually has 21 days to appeal.

Sources: GOV.UK: possession hearings and orders · GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: eviction court hearings, guidance for tenants

Step 4: bailiffs, if the tenant does not leave

A possession order still does not let you remove the tenant yourself. If they stay past the date in the order, apply for a warrant for possession using form N325 (or N325A where a suspended order for arrears has been broken). It costs £148, and you can apply up to 6 years after the order was made.

The court then sends the tenant an eviction notice with the date and time of the bailiff’s appointment, giving at least 14 days’ notice. GOV.UK asks you to meet the bailiff outside the property, bring spare keys, and stay out until the bailiff says you can go in.

You can also apply, on form N244, to transfer enforcement to the High Court, which GOV.UK describes as faster but more expensive.

Sources: GOV.UK: if tenants do not follow a possession order · GOV.UK: repossessing your privately rented property on or after 1 May 2026

What is illegal eviction?

Illegal eviction is forcing a tenant out without following the legal process. GOV.UK says you may be guilty of it if you do not give proper notice, evict without a court warrant, use someone who is not a court-appointed bailiff, or change the locks.

Harassment is treated just as seriously. Examples GOV.UK gives include cutting off electricity or other services, withholding keys, refusing to carry out repairs, threats, and opening the tenant’s post. A landlord can be prosecuted or fined up to £40,000, and the tenant may be able to claim damages or a rent repayment order. Illegal eviction can lead to a prison sentence.

Lodgers are different. Someone who shares your home under an excluded tenancy or licence can be asked to leave with reasonable notice, usually the length of the rental period, without a court order.

Sources: GOV.UK: harassment and illegal evictions · GOV.UK: evicting tenants in England, overview

Before you start: a landlord’s checklist

GOV.UK says a judge can dismiss a case where the landlord has not followed the correct procedure. Work through this list before you serve anything.

• Confirm the tenancy type. This process is for assured periodic tenancies, not lodgers or older regulated tenancies.
• Choose the ground that fits the facts and check its conditions, such as the 12-month rule for selling or moving in.
• For arrears, read rent arrears and tenants not paying rent and check whether the tenant is in a breathing space.
• Gather evidence: the tenancy agreement, a rent statement, letters, photographs, complaints.
• Check the deposit was protected and the required information given.
• Complete Form 3A, serve every tenant, and keep proof of service.
• Diarise the earliest court date and the 12-month deadline for starting the claim.

Sources: GOV.UK: repossessing your privately rented property on or after 1 May 2026 · GOV.UK: giving notice to evict tenants

Common questions