Eviction

Eviction is the formal legal process by which a landlord regains possession of a rented property and the tenant is required to leave. It is not the act of being told to go or having the locks changed. Lawful eviction in England requires a valid written notice citing the legal basis for the claim, and, if the tenant does not leave, a court order for possession followed by enforcement by county court bailiffs or High Court enforcement officers. A landlord who attempts to remove a tenant without following each of these steps commits unlawful eviction, regardless of what the tenant may have done or failed to do.

The position from 1 May 2026

The Renters' Rights Act 2025 came into force on 1 May 2026 and fundamentally changed how private landlords in England can seek possession. Section 21 "no-fault" notices, which previously allowed a landlord to end an assured shorthold tenancy without giving a reason, were abolished for all tenancies from that date. Every assured periodic tenancy in the private rented sector can now only be brought to an end by the landlord through a Section 8 notice, citing one or more of the statutory grounds for possession under the Housing Act 1988 as amended by the Renters' Rights Act. There are no exceptions to this for existing tenancies, all fixed-term assured shorthold tenancies converted automatically to assured periodic tenancies on 1 May 2026.

The Section 8 notice is the prescribed document through which a landlord formally notifies a tenant of the ground relied on and the notice period that applies. From 1 May 2026, the notice must be served using Form 3A, the updated prescribed form published under the Renters' Rights Act, which replaces the previous Form 3. Serving the wrong form invalidates the notice and requires the landlord to start again. Form 3A is available free of charge from the gov.uk assured tenancy forms page.

Notice periods and grounds

The notice period a landlord must give depends on the ground being relied on. Grounds range from two weeks' notice (serious antisocial behaviour) to four months' notice (landlord intending to sell the property or move in). Some grounds are mandatory, meaning the court must grant a possession order if the landlord proves the ground applies, and others are discretionary, meaning the court weighs whether it is reasonable to order possession even where the ground is made out. The distinction matters in practice: a discretionary ground claim can be refused by a judge on welfare or proportionality grounds even where the landlord's evidence is strong.

The Renters' Rights Act expanded the total number of Section 8 grounds from 17 to 37, covering 20 mandatory and 17 discretionary grounds. Common grounds include serious rent arrears (Ground 8, mandatory at 13 weeks' threshold), the landlord intending to sell (Ground 1A, mandatory, four months' notice), and the landlord or a close family member intending to occupy (Ground 1, mandatory, four months' notice). Certain grounds cannot be used within the first 12 months of a tenancy.

The court process

If a tenant does not leave when the notice period expires, the landlord must apply to the county court for a possession order. The accelerated possession procedure, which previously allowed straightforward Section 21 claims to be decided on paper without a hearing, was abolished by the Renters' Rights Act. Every possession claim now requires a court hearing at which the landlord must present evidence that the ground is made out and that the notice was served correctly. Court proceedings currently average more than eight months from notice to possession order. If the tenant does not vacate by the date specified in the possession order, the landlord must apply for a warrant of possession (Form N325) to instruct bailiffs to attend and supervise the eviction.

August's document management feature stores Section 8 notices, court correspondence, and possession-related paperwork in one place, ensuring landlords can produce evidence quickly at any stage of the process.

Unlawful eviction

An eviction carried out without following the correct legal steps is an unlawful eviction. The Protection from Eviction Act 1977 makes it a criminal offence to unlawfully deprive a residential occupier of their occupation, or to harass a tenant with intent to cause them to give up occupation. Specific acts that constitute unlawful eviction include changing the locks, removing or interfering with a tenant's belongings, cutting off gas, electricity, or water supplies, and any other act intended to drive a tenant out without a court order. Conviction can result in an unlimited fine or imprisonment. The tenant can also bring civil proceedings for damages, which are assessed by reference to the difference in value between the property with and without vacant possession.

Unlawful eviction cannot be made lawful after the fact. A landlord who has changed the locks must in the first instance allow the tenant to return before applying to the court, rather than seek retrospective approval for the act of removal.

For a full guide to the Section 8 process, including court timelines, the evidence required for each ground, and what happens from notice to bailiff appointment, see the August guide to evicting tenants in arrears and court timelines. For the full context of how the Renters' Rights Act changed the eviction landscape, see the August guide to evictions in 2026.

Frequently asked questions

Can a landlord evict a tenant without a reason in England?

No, not from 1 May 2026. Section 21 no-fault notices were abolished by the Renters' Rights Act 2025. Every eviction now requires the landlord to cite one or more statutory grounds for possession using a Section 8 notice on Form 3A. The court must be satisfied that the ground is made out before a possession order can be granted.

How long does eviction take in England?

From service of a Section 8 notice to physical eviction by a bailiff, the process currently averages well over eight months in England, often longer in areas with heavy court caseloads. The timeline includes the notice period (two weeks to four months depending on the ground), the wait for a court hearing, the court's decision, and the bailiff appointment process after a possession order is granted.

What is the difference between a mandatory and a discretionary ground for possession?

A mandatory ground requires the court to grant a possession order if the landlord proves the ground applies, the judge has no discretion to refuse. A discretionary ground allows the court to weigh all the circumstances and decide whether it is reasonable to order possession even where the ground is technically made out. Mandatory grounds include serious rent arrears (Ground 8), the landlord intending to sell (Ground 1A), and the landlord intending to occupy (Ground 1). Most anti-social behaviour grounds are mandatory; persistent late payment and general deterioration of the property are discretionary.

What is unlawful eviction?

Unlawful eviction is any act by a landlord to remove or exclude a tenant from their home without following the correct legal process. A valid notice, a court possession order, and enforcement by a court-appointed bailiff or High Court enforcement officer. Changing the locks, removing a tenant's belongings, or cutting off utilities to drive a tenant out are all criminal offences under the Protection from Eviction Act 1977. Tenants can also claim civil damages for unlawful eviction, which can be substantial.