How to Evict a Tenant (RRA 2025): Step-by-Step | TAS

What changed under the Renters’ Rights Act 2025

Section 21 abolished. Fixed-term assured tenancies abolished. Ground 8 threshold raised to 3 months. Information Sheet required for every tenancy by 31 May 2026. Read the full guide.

Evicting a tenant in England is now a grounds-based process. Section 21 was abolished on 1 May 2026 and the only route to possession is Section 8 of the Housing Act 1988. This guide sets out, step by step, what a landlord needs to do to recover possession lawfully under the new regime.

Section 21 is gone

From 1 May 2026, Section 21 — the no-reason eviction route — has been abolished. Every landlord-initiated possession now runs through Section 8 of the Housing Act 1988, supported by one or more of 37 statutory grounds in the revised Schedule 2.

Step 1 — Establish a ground

Before doing anything else, work out which statutory ground applies to your situation. The most commonly used by private landlords are:

Ground 1 — landlord or close family member intends to occupy the property as their only or principal home. 4 months’ notice. Cannot be used in the first 12 months of a tenancy.
Ground 1A — landlord intends to sell the property. 4 months’ notice. Cannot be used in the first 12 months. 12-month re-let restriction.
Ground 6 — substantial redevelopment or demolition. 4 months’ notice.
Ground 8 — at least 3 months’ rent arrears. 4 weeks’ notice. Mandatory.
Grounds 10 and 11 — some arrears or persistent late payment. 4 weeks’ notice. Discretionary.
Ground 12 — breach of a tenancy obligation. 4 weeks’ notice. Discretionary.
Ground 14 — anti-social behaviour. Notice can take effect immediately for the most serious cases.

If none of the grounds apply, you do not have a route to possession. The tenancy continues. This is a real change from the old regime, where the absence of grounds did not prevent a Section 21 notice.

Step 2 — Check your procedural position

Was the deposit protected and prescribed information served on time?
Was the gas safety record provided at the start of the tenancy and renewed annually?
Was the EPC valid at grant and provided to the tenant?
Was the How to Rent guide provided?
Has the tenant received the government Information Sheet (for tenancies that pre-dated 1 May 2026)?
Is the property registered (when the PRS Database becomes mandatory in late 2026)?

Failures on any of these points may bar reliance on certain grounds. Section 8 is more forgiving than Section 21 was, but procedural lapses are still the most common reason claims fail.

Step 3 — Try negotiation

Possession proceedings take six to nine months from notice service to vacant possession in current conditions, cost the landlord £355 in court fees plus legal costs, and almost always damage the landlord-tenant relationship beyond repair. Before formal action:

Offer to discuss the situation. Many tenancies end by mutual agreement when possession is needed.
Consider a deed of surrender — a formal document by which the tenancy ends by mutual agreement on a specified date.
For arrears: offer a payment plan, particularly if the tenant’s difficulties are temporary.

Step 4 — Serve the Section 8 notice

If negotiation fails, serve a Section 8 notice using the prescribed form. Specify the grounds, the particulars, and the notice period. Serve on every named tenant. Keep proof of service.

Step 5 — Issue proceedings

After the notice period expires, issue a possession claim at court (Form N5). Court fee currently £355. The accelerated procedure is no longer available; every claim goes to a hearing.

Step 6 — Hearing and order

At hearing, present your evidence: tenancy agreement, the Section 8 notice and proof of service, ground-specific evidence (rent ledger, sale particulars, family member statement, ASB log). The court grants possession if the ground is proved (mandatory grounds) or if reasonable (discretionary grounds).

Step 7 — Enforcement

A possession order normally takes effect 14 days from order. If the tenant does not leave by that date, apply for a warrant of possession. County Court bailiffs enforce. Further delays are common.

Realistic timing

Notice period: 4 weeks to 4 months depending on grounds.
Court issue to hearing: typically 2–4 months in current conditions.
Possession order to vacant possession: typically 2–6 weeks if voluntary, longer with bailiff enforcement.
Total: 6–9 months is typical, longer for contested claims.

Costs

Court issue fee: £355.
Legal representation (if used): £500–£3,000+ depending on complexity.
Bailiff warrant: £130 (or High Court enforcement: substantially more).
Property repair after vacant possession: variable.

Practical advice

Eviction is a managed legal process under the new regime, not a procedural formality. Plan possession needs further ahead than under the old regime, document everything, and treat negotiation as the first option rather than the last. For specific scenarios: