Evicting tenants in arrears & court timelines in 2026 for landlords

Evicting a tenant for rent arrears has never been straightforward, but from the commencement date 1 May 2026, the landscape changes fundamentally. With the Renters' Rights Act abolishing Section 21 notices and placing all evictions under the Section 8 framework, landlords must understand the new grounds, timelines, and court processes to regain possession of their properties efficiently.

This article explains how to navigate rent arrears evictions in 2026, including which grounds to use, how long the court process takes, and what steps you can take to minimise delays whilst staying compliant.

Understanding Section 8 evictions for rent arrears

From 1 May 2026, landlords can no longer rely on Section 21 no-fault evictions. Instead, every eviction requires a valid Section 8 notice based on specific grounds for possession.

For rent arrears, landlords have two primary grounds available under the revised Housing Act 1988.

Ground 8 - Mandatory possession for serious arrears

Ground 8 is the most powerful tool for landlords dealing with significant rent arrears. It's a mandatory ground, meaning that if you prove the conditions are met, the court must grant you possession.

Under the Renters' Rights Act, Ground 8 has been amended with stricter thresholds. From 1 May 2026, you can use Ground 8 when:

• The tenant owes at least three months' rent (increased from two months under the previous legislation)

• The arrears existed both when you served the Section 8 notice and at the court hearing date

• The arrears are not solely due to delayed Universal Credit payments the tenant was entitled to receive

This final provision is new and represents a significant challenge for landlords. If arrears have accumulated purely because of Universal Credit delays, you cannot use Ground 8, leaving you reliant on discretionary grounds instead. Understanding how DWP and Universal Credit payments work is therefore critical when managing tenancies paid through benefits.

The notice period for Ground 8 has been extended to four weeks, double the previous two-week requirement.

Ground 10 - Discretionary possession for any arrears

Ground 10 is a discretionary ground that applies to any level of rent arrears, provided arrears existed both when you served notice and at the hearing.

Unlike mandatory Ground 8, judges have discretion to refuse possession even when arrears are proven. They'll consider factors including:

• Whether the tenant is actively reducing the arrears

• The tenant's payment history and circumstances

• Whether possession is reasonable and proportionate

• Any evidence of attempts to resolve the situation

Many landlords use both Ground 8 and Ground 10 on the same notice. This provides a backup if the tenant manages to reduce arrears below three months before the hearing, removing the mandatory ground but leaving the discretionary one in place.

The notice period for Ground 10 has also been extended to four weeks from 1 May 2026.

The court process timeline for rent arrears evictions

Understanding the realistic timescale helps you plan financially and manage expectations. Whilst every case differs based on court workload and tenant response, here's the typical timeline for a Section 8 rent arrears eviction in 2026.

Step 1 - Serve the Section 8 notice (Day 1)

You must serve a valid Section 8 notice using the prescribed form 3 from the assured tenancy forms. The notice must clearly state:

• Which grounds you're relying on (usually Grounds 8 and 10 for arrears)

• The amount of rent owed

• The earliest date court proceedings can begin (after the notice period expires)

For rent arrears grounds, the notice period is four weeks. You can serve the notice personally, by first-class post, or by leaving it at the property. Using tracked or recorded delivery provides proof of service.

If you're managing multiple properties, August's compliance features can help you track notice periods and ensure you don't miss critical deadlines when serving notices if they are recorded on the paper work.

Step 2 - Wait for the notice period to expire (Weeks 1-4)

During this four week period, tenants have time to either:

• Pay the arrears in full and bring the account current

• Enter into a repayment agreement with you

• Seek advice from organisations like Shelter or Citizens Advice

• Prepare their defence if they intend to contest the eviction

Some tenants will vacate during the notice period, bringing the process to an end. Others will remain, requiring you to proceed to court.

It's worth attempting dialogue during this period. Many landlords find that offering a structured repayment plan can resolve arrears without court action, saving time and legal costs.

Step 3 - Apply to court for possession (Week 5)

Once the notice period expires, you can apply to the court for a possession order. This is typically done online through Possession Claim Online (PCOL) for most straightforward possession cases.

You'll need to complete form N5 (the claim form) and pay the court fee, which is currently £355 for possession claims. You must also provide:

• A copy of the Section 8 notice you served

• A copy of the tenancy agreement

• Details of the rent arrears

• Evidence of the arrears, such as bank statements or rent tracking records

The court processes your application and issues the claim, usually within five days, though this can vary depending on court workload.

Step 4 - Court issues hearing date (Week 5-6)

Once the court accepts your claim, they'll set a hearing date and notify both you and the tenant. The tenant receives form N11 (the particulars of claim), form N11R (the defence form), and form N11B (the reply form).

Tenants have 14 days to file a defence using form N11R if they wish to contest the eviction. Even if they don't file a defence, a hearing will still take place for possession cases involving rent arrears.

Currently, the wait for a hearing date typically ranges from six to ten weeks, though this varies significantly by region. London courts often have longer backlogs, whilst some county courts in less populated areas may schedule hearings more quickly.

Step 5 - Court hearing (Weeks 11-16)

At the hearing, a judge will consider:

• Whether the Section 8 notice was valid and properly served

• Whether the grounds for possession are proven

• For mandatory Ground 8, whether the tenant still owes at least three months' rent

• For discretionary Ground 10, whether possession is reasonable

• Any evidence from both parties, including payment records and circumstances

If you're relying on Ground 8 and the tenant has reduced arrears to below three months by the hearing date, the mandatory ground fails. However, if you've also included Ground 10, the judge can still grant possession if they deem it reasonable.

Many tenants don't attend the hearing. If you've proven your case and the tenant doesn't appear or defend, judges typically grant possession orders within 14 days of the hearing date.

However, judges do have discretion to adjourn hearings or grant suspended possession orders, particularly for discretionary grounds. A suspended order allows the tenant to remain if they pay current rent plus an agreed contribution towards arrears. If they breach these terms, you can apply to enforce the order without a further hearing.

Step 6 - Possession order and tenant departure (Weeks 13-18)

If the court grants an outright possession order, it typically gives the tenant 14 days to vacate (though this can be up to six weeks in cases of exceptional hardship).

The clock starts from the hearing date, not from when the tenant receives the order. This means tenants might receive the written order after the possession date has already passed.

Most tenants leave by the possession date once a court order is in place. Facing the reality of bailiff enforcement tends to focus minds. However, if the tenant remains, you'll need to proceed to the final step.

Step 7 - Bailiff enforcement if necessary (Weeks 19-26+)

If the tenant hasn't left by the possession date, you cannot physically remove them yourself. You must apply for a warrant of possession, requesting county court bailiffs to carry out the eviction.

This involves completing form N325 and paying another fee of £130. The court then schedules a bailiff appointment, which typically takes an additional four to eight weeks depending on the bailiff's workload.

If you need faster action and your possession order exceeds £600 in rent arrears, you can transfer the order to the High Court and use High Court Enforcement Officers instead. This typically costs more, around £500 plus additional fees, but can be significantly quicker, sometimes within two to three weeks.

In total, from serving the Section 8 notice to final eviction, landlords should expect:

• 12 to 18 weeks if the tenant leaves voluntarily after the court order

• 20 to 26 weeks if bailiff enforcement is required

• Potentially longer if the tenant successfully defends, requests an adjournment, or if court backlogs are severe

Minimising delays in the eviction process

Whilst some waiting periods are statutory and unavoidable, you can take several steps to prevent unnecessary delays and strengthen your case.

Maintain impeccable rent payment records

The court will scrutinise your evidence of arrears. You need to demonstrate clearly:

• When rent was due

• What was paid and when

• How arrears accumulated over time

Comprehensive records are non-negotiable. Using automated rent tracking gives you a clear audit trail of all payments, missed payments, and partial payments. This is particularly valuable when managing DWP tenants where Universal Credit payments may be irregular.

Ensure pre-notice compliance

One of the most common reasons Section 8 notices fail is that landlords haven't met basic compliance requirements before serving notice. The court will examine whether you:

• Protected the deposit in an authorised scheme within 30 days

• Provided the tenant with the How to Rent guide

• Supplied gas safety certificates, EPCs, and electrical safety certificates as required

• Complied with licensing requirements if applicable

If you've failed on any of these, judges may refuse possession or apply significant delays. August's compliance features help you track all these requirements systematically, ensuring nothing falls through the cracks.

Communicate clearly with your tenant

Whilst it might seem counterintuitive when pursuing eviction, maintaining professional communication with tenants can actually speed up the process. Many tenants facing arrears don't understand their options or the seriousness of the situation.

Explaining clearly what will happen, what their options are, and how the court process works often prompts tenants to either engage with a repayment plan or leave voluntarily, avoiding court altogether.

Act promptly at each stage

Don't delay between steps. As soon as the notice period expires, file your court claim. As soon as you receive a possession order, apply for bailiffs if needed. Every week of delay costs you lost rent and extends the timeline.

Prepare thorough evidence for court

Beyond rent payment records, gather:

• A copy of the original tenancy agreement

• Proof of deposit protection

• Evidence of all compliance certificates

• Correspondence with the tenant about arrears

• Details of any repayment plans offered or agreed

• Photos or check-in reports showing property condition (useful if the tenant counterclaims for disrepair)

Judges appreciate well-organised, professional evidence. Arriving at court with disorganised paperwork creates a poor impression and can lead to adjournments.

What to do whilst awaiting possession

The months between serving notice and regaining possession can be frustrating. Here's how to manage this period effectively.

Continue collecting evidence

If the tenant continues to accrue arrears during the court process, document everything. This strengthens your case and may be relevant if you later pursue a money judgment for the debt.

Don't cut off utilities or change locks

Some landlords become frustrated and attempt "self-help" evictions by cutting utilities, removing doors, or changing locks to force tenants out. This is illegal and can result in:

• Criminal prosecution

• The tenant being granted the right to remain

• Substantial damages awarded against you

• Personal liability even if you use a letting agent

Only court-appointed bailiffs can physically remove tenants.

Consider Alternative Payment Arrangements for Universal Credit

If your tenant receives Universal Credit and arrears are accumulating due to payment issues, you can request an Alternative Payment Arrangement (APA) to have the housing element paid directly to you.

The DWP will consider APAs if:

• The tenant is in at least two months' arrears

• The tenant has difficulty managing their finances

• The tenant requests it themselves

This won't solve existing arrears but can prevent them from growing during the eviction process. You'll need to apply through the tenant's work coach at the Jobcentre Plus.

Maintain the property

You remain responsible for repairs and maintenance throughout the eviction process. Failing to maintain the property can lead to tenants raising counterclaims for disrepair, which can delay or even defeat your possession claim.

Use August's maintenance tracking to log all reported issues and demonstrate you've met your obligations as a landlord.

Alternatives to eviction for managing arrears

Before serving a Section 8 notice, consider whether alternatives might resolve the situation more quickly and cost-effectively.

Structured repayment agreements

Many tenants fall into arrears due to temporary circumstances - job loss, benefit delays, unexpected expenses. If the tenant has previously paid reliably and communicates openly, a formal repayment plan may work.

This might involve:

• The tenant paying current rent plus an agreed weekly or monthly amount towards arrears

• A temporary rent reduction if affordable for you and realistic for them

• Setting a review date to assess progress

Put any agreement in writing and monitor compliance closely. If the tenant breaks the agreement, you can then proceed to eviction with evidence that you attempted resolution.

Mediation services

Some local authorities and organisations offer free mediation between landlords and tenants. A neutral third party can help find solutions both parties accept, avoiding court entirely.

Negotiated departure

If eviction seems inevitable, some landlords offer "cash for keys" - a payment to the tenant to leave voluntarily by a certain date. Whilst it seems counterintuitive to pay a tenant who owes you money, it can be cheaper and faster than court proceedings.

A typical arrangement might involve:

• Writing off the arrears

• Offering £500 to £1,500 for the tenant to leave within two weeks

• Getting the property back sooner and in better condition than after a forced eviction

This only makes financial sense in specific circumstances, but it's worth considering if court delays would cost you more in lost rent than the payment.

Changes taking effect from 1 May 2026

Beyond the Section 8 ground changes already discussed, the Renters' Rights Act brings several other changes that affect how you manage rent arrears and evictions.

Automatic conversion to periodic tenancies

From 1 May 2026, all assured shorthold tenancies automatically become periodic (rolling monthly) tenancies. Even if you sign a tenant to a 12-month fixed term in April 2026, it converts to periodic from 1 May.

This means tenants can give two months' notice to leave at any time, whilst you must rely on Section 8 grounds for possession. This asymmetry increases the importance of thorough tenant vetting and robust rent payment monitoring.

Private Rented Sector Database

By 2028, all landlords must register on the government's PRS database. Whilst registration details aren't fully finalised, failing to register will likely:

• Prevent you from serving valid Section 8 notices

• Result in civil penalties up to £40,000

• Potentially trigger Rent Repayment Orders allowing tenants to reclaim up to two years' rent

Early registration (when available) demonstrates professionalism and ensures you're not caught out.

Ombudsman membership

Also by 2028, all landlords must join an approved redress scheme. This gives tenants a route to raise complaints without court action. Good landlords who resolve issues promptly should see little impact, but it's another layer of accountability.

Rent increase restrictions

Under the new regime, you can only increase rent once per year using the Section 13 procedure, giving tenants two months' notice. Tenants can challenge increases through the First-tier Tribunal if they believe the proposed rent exceeds market rates.

This makes it harder to use rent increases as a backdoor method of recovering arrears or encouraging tenants to leave. You'll need to rely on the formal eviction process instead.

Preventing arrears before they start

The best eviction is the one you never need to pursue. Whilst no system is foolproof, several practices significantly reduce arrears risk.

Thorough tenant referencing

Proper referencing remains your first line of defence. This includes:

• Credit checks to identify existing debt problems

• Employment verification to confirm income stability

• Previous landlord references to check payment history

• Affordability assessment ensuring rent is no more than 30-35% of gross income

For DWP tenants, obtain consent to verify benefit entitlement and consider requesting an Alternative Payment Arrangement from the outset.

Clear rent payment terms

Make expectations crystal clear from day one:

• Specify exact due dates in the tenancy agreement

• Explain your preferred payment method

• Outline what happens if rent is late

• Provide your contact details for payment queries

The fewer ambiguities, the fewer excuses.

Early intervention

Don't wait until arrears accumulate. If rent is even a few days late, make contact. A polite text or call often reveals temporary issues that can be resolved before they escalate.

Setting up automated rent tracking and reminders ensures you're notified immediately when payments are missed, enabling early intervention.

Building positive relationships

Tenants who feel respected and valued are more likely to communicate when problems arise. Regular, professional contact helps you identify issues early and work together on solutions rather than ending up in court.

Staying compliant and organised in 2026

The regulatory environment for landlords continues to tighten. Managing evictions effectively requires staying on top of multiple compliance requirements, tracking critical dates, and maintaining comprehensive records.

Traditional approaches - spreadsheets, paper files, calendar reminders - become increasingly unworkable as requirements multiply. Purpose-built landlord software helps you manage the complexity.

August's all-in-one platform brings together rent tracking, compliance management, document storage, and tenant communication in one place. This means:

• Automated rent payment monitoring with instant alerts for missed payments

• Compliance checklists ensuring you've met all requirements before serving notices

• Document storage making it easy to produce evidence for court

• Reminder systems for critical dates including notice periods and court deadlines

In 2026's more complex regulatory landscape, staying organised isn't just about efficiency - it's about protecting your right to regain possession when you need to.

Conclusion

Evicting tenants for rent arrears in 2026 requires patience, precision, and thorough documentation. From 1 May 2026, the abolition of Section 21 and strengthened tenant protections mean every eviction will take longer and require stronger evidence than before.

Understanding the new Section 8 grounds, particularly the revised Ground 8 with its three-month arrears threshold and Universal Credit exemption, is essential. Planning for realistic timelines of 12 to 26 weeks helps you manage cashflow and make informed decisions about whether to pursue eviction or explore alternatives.

Prevention remains better than cure. Thorough tenant selection, clear communication, robust rent tracking, and early intervention when issues arise can help you avoid the eviction process altogether.

For those situations where eviction becomes necessary, meticulous compliance, comprehensive evidence, and prompt action at each stage will help you regain possession as quickly as the new legal framework allows.

This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. Always speak to a qualified legal professional for advice specific to your circumstances.