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 telling a tenant to go or changing the locks. 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 possession order followed by enforcement by county court bailiffs or High Court enforcement officers. A landlord who removes a tenant without completing each of these steps commits unlawful eviction under the Protection from Eviction Act 1977, whatever the tenant has done.

The position from 1 May 2026

The Renters' Rights Act 2025 came into force on 1 May 2026 and changed how private landlords in England seek possession. Section 21 no-fault notices were abolished for all tenancies from that date, and every assured periodic tenancy can now only be ended by the landlord through a Section 8 notice citing one or more statutory grounds for possession under Schedule 2 to the Housing Act 1988 as amended. No exception applies to existing tenancies: all fixed-term assured shorthold tenancies converted automatically to assured periodic tenancies on 1 May 2026.

From that date the notice must be served on Form 3A, the prescribed form named in the Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026, which replaced the previous Form 3 for the private rented sector. Form 3 is now the social housing form, so serving a private-sector notice on it invalidates the notice and the landlord must start again. Form 3A is free from the gov.uk assured tenancy forms page.

Notice periods and grounds

The notice period depends on the ground relied on, ranging from no minimum notice for the serious anti-social behaviour ground, where proceedings can begin immediately, to four months for a landlord intending to sell or move in. The Renters' Rights Act expanded the grounds from 17 to 37, comprising 20 mandatory and 17 discretionary grounds. A mandatory ground obliges the court to grant possession once the ground is proved. A discretionary ground leaves the court to weigh whether possession is reasonable, so a claim can be refused on welfare or proportionality grounds even where the landlord's evidence is strong.

The grounds landlords use most often are Ground 8 for serious rent arrears, which is mandatory and requires four weeks' notice, and Grounds 1 and 1A, which are mandatory, require four months' notice, and cannot be used during the first twelve months of a tenancy. Ground 8 now requires three months' arrears for monthly tenancies, or thirteen weeks where rent is paid weekly or fortnightly, raised from two months by the Renters' Rights Act. The arrears must reach that level both when the notice is served and at the hearing, and arrears attributable to Universal Credit payment delays are excluded. In our experience supporting landlords through the Renters' Rights Act transition, the commonest reason a Ground 8 claim fails is a rent record that cannot evidence the threshold at both dates, which is why landlords who plead the discretionary arrears grounds alongside it keep a claim alive when a tenant pays down below the threshold before the hearing.

Anti-social behaviour is the area where landlords most often misread the position. Ground 7A, which depends on a relevant conviction, a breach of an anti-social behaviour order, or a closure order, is mandatory. Ground 14, covering nuisance and annoyance generally, is discretionary, so the court decides whether possession is reasonable on the evidence.

The court process

If the tenant does not leave when the notice expires, the landlord applies to the county court for a possession order. The accelerated possession procedure, which allowed straightforward Section 21 claims to be decided on paper, was abolished, so every claim now requires a hearing at which the landlord must prove the ground and correct service. A precondition catches landlords out: except on Grounds 7A and 14, the court will not award possession unless the tenancy deposit was properly protected. As at August 2026, the process commonly runs beyond eight months from notice to possession order, and longer where court caseloads are heavy. If the tenant does not vacate by the date in the order, the landlord applies for a warrant of possession on Form N325 so that bailiffs attend and supervise the eviction.

August's document management feature stores Section 8 notices, deposit protection records, and court correspondence in one place, so landlords can produce the evidence a hearing requires at any stage.

Unlawful eviction

An eviction carried out without these steps is unlawful. The Protection from Eviction Act 1977 makes it a criminal offence to deprive a residential occupier of occupation unlawfully, or to harass a tenant intending to make them give up occupation. Changing the locks, removing or interfering with a tenant's belongings, cutting off gas, electricity, or water, and any other act intended to drive a tenant out without a court order all qualify. Conviction can bring an unlimited fine or imprisonment, and the tenant can additionally claim civil damages assessed by reference to the difference in the property's value with and without vacant possession, which in a rising market can far exceed what the landlord expected.

Unlawful eviction cannot be cured after the fact. A landlord who has changed the locks should allow the tenant to return and then apply to the court, rather than seek retrospective approval for the removal.

For the Section 8 process in full, including the evidence each ground requires and what happens from notice to bailiff appointment, see the August guide to evicting tenants in arrears and court timelines. For how the Renters' Rights Act reshaped possession overall, see the guide to evictions in 2026.

Frequently asked questions

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

No, not since 1 May 2026. Section 21 no-fault notices were abolished by the Renters' Rights Act 2025. Every eviction requires the landlord to cite one or more statutory grounds on a Section 8 notice served on Form 3A, and the court must be satisfied the ground is made out before granting possession.

How long does eviction take in England?

From service of a Section 8 notice to physical eviction by a bailiff, the process commonly runs beyond eight months as at August 2026, and longer where court caseloads are heavy. The timeline covers the notice period, which runs from no minimum for serious anti-social behaviour to four months for sale or occupation grounds, the wait for a hearing, the decision, and the bailiff appointment after a possession order.

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

A mandatory ground requires the court to grant possession once the landlord proves it applies, leaving the judge no discretion to refuse. A discretionary ground lets the court weigh all the circumstances and decide whether possession is reasonable. Mandatory grounds include three months' rent arrears (Ground 8), intention to sell (Ground 1A), and intention to occupy (Ground 1). Discretionary grounds include lesser arrears (Ground 10), persistent late payment (Ground 11), deterioration of the property (Ground 13), and nuisance or anti-social behaviour (Ground 14).

What is unlawful eviction?

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