How Long Does Eviction Take for Rent Arrears UK?
Last updated:
Evicting a tenant for rent arrears typically takes 4-6 months from serving notice to bailiff enforcement. This includes a 2-week notice period (Ground 8), 6-8 weeks for court hearing, and 4-6 weeks for bailiff if needed. From 1 May 2026, the Ground 8 threshold increases from 2 months to 3 months under the Renters' Rights Act.
Rent arrears eviction isn't quick. Understanding the realistic timeline helps you plan financially and decide when to start the process.
How long does the whole process take?
From serving Section 8 notice to physically regaining possession, expect 4-6 months minimum. This assumes everything goes smoothly—contested cases take longer.
| Stage | Timeline |
|---|---|
| Section 8 notice period | 2 weeks (Ground 8) |
| Court listing wait | 6-8 weeks |
| Possession order | Immediate or 14-28 days |
| Bailiff enforcement | 4-6 weeks (if needed) |
| Total | 4-6 months |
Section 8 grounds for rent arrears
Three main grounds apply to rent arrears. Ground 8 is mandatory (court must grant possession), while Grounds 10 and 11 are discretionary.
Ground 8: Serious arrears (mandatory)
- Threshold (before 1 May 2026): 2+ months rent owed at notice date AND at hearing date
- Threshold (from 1 May 2026): 3+ months rent owed at notice date AND at hearing date
- Notice period: 2 weeks
- Court outcome: Must grant possession if criteria met
- Risk: If tenant pays down below the threshold before the hearing, this ground fails — at 3 months this is a wider window for tenants to exploit
Ground 10: Some rent unpaid (discretionary)
- Threshold: Any rent lawfully due is unpaid at notice date AND at hearing start
- Notice period: 2 weeks
- Court outcome: Judge decides if reasonable to grant possession
- Advantage: Works even if arrears drop below the Ground 8 threshold (below 3 months from 1 May 2026)
Ground 11: Persistent delay (discretionary)
- Threshold: Tenant has persistently delayed paying rent
- Notice period: 2 weeks
- Court outcome: Judge decides based on pattern of late payment
- Advantage: Can work even if current rent is paid
Best practice: Use multiple grounds
Always include Ground 8 AND Ground 10 (and optionally Ground 11). If the tenant pays down arrears before the hearing to break Ground 8, you still have Ground 10 as backup.
What's the notice period for rent arrears?
Ground 8 (serious arrears) requires only 2 weeks' notice. Ground 10 and 11 also require 2 weeks. This is the shortest notice period available. The notice period itself does not change under the Renters' Rights Act — only the arrears threshold changes.
From 1 May 2026, you need 3+ months' arrears to serve a Ground 8 notice, but the 2-week notice period itself remains the same. Section 21 is abolished from the same date, making Section 8 rent arrears grounds the primary route for eviction.
How long before the court hearing?
After your notice expires, you file a possession claim. Courts typically list hearings 6-8 weeks after filing, though this varies by court location and workload.
London and other busy courts can take longer. Some areas manage 4-6 weeks. You have no control over this wait—it's simply court capacity.
What if the tenant doesn't leave after the court order?
If the tenant ignores the possession order, you need to apply for a bailiff warrant. This adds another 4-6 weeks to the process. You cannot legally remove the tenant yourself.
The bailiff gives the tenant notice of the eviction date, then physically removes them and their belongings if they're still there. Only then do you regain possession.
Can anything speed up the process?
The main thing you can control is preparation. Serve notice correctly the first time. File court papers promptly after notice expires. Have your evidence organised. Errors cause delays.
- Correct notice: Errors mean starting again
- Complete evidence: Missing documents delay hearings
- Prompt filing: Don't wait after notice expires
- Attend court: Adjournments add weeks
Evidence you need
Strong evidence is crucial, especially for discretionary grounds. Prepare everything before filing your claim.
Essential documents
- Tenancy agreement: Original signed copy showing rent amount and due dates
- Rent statement: Full payment history showing missed/late payments
- Section 8 notice: Copy of the notice you served with proof of service
- Arrears schedule: Clear breakdown of what's owed and when
Supporting evidence
- Communications: Letters, emails, texts about arrears
- Payment attempts: Evidence of bounced payments or cancelled direct debits
- Compliance documents: Gas safety, EICR, EPC, deposit protection (to prove valid tenancy)
- How to Rent guide: Proof you provided it
What the court wants to see
Judges appreciate:
- Clear, chronological rent statements
- Evidence you tried to communicate about the arrears
- Professional, organised presentation
- Proof you followed proper procedure
After Section 21 abolition and the Renters' Rights Act changes
From 1 May 2026, Section 21 is abolished and Ground 8's threshold increases from 2 months to 3 months. Both changes take effect on the same date.
What changes from 1 May 2026
- Section 21 ("no-fault" eviction) is abolished entirely
- Ground 8 threshold increases from 2 months to 3 months
- The 3-month threshold must be met on the day of the court hearing, not just when notice is served
- Courts will see significantly more Section 8 cases, likely increasing wait times beyond the current 6-8 weeks
- Grounds 10 and 11 remain as discretionary grounds
The hearing-day rule explained
This is the key practical point. If you serve Ground 8 notice when a tenant owes exactly 3 months, and over the following 2-3 months (notice period plus court wait) the tenant pays back one month's worth, Ground 8 fails at the hearing. The judge cannot grant mandatory possession under Ground 8 if arrears are below 3 months at that moment.
This means:
- Do not rely on Ground 8 alone — always add Grounds 10 and 11
- If a tenant begins paying strategically before the hearing, document this pattern carefully as evidence of persistent late payment (Ground 11)
- Bring a current arrears statement to the hearing, not just figures from the notice date
Why this matters
With Section 21 gone, rent arrears grounds become the primary route for dealing with non-paying tenants. The higher threshold and mandatory hearing-day requirement make it harder to secure mandatory possession. Strong record-keeping, early action at 3 months, and citing multiple grounds on your notice all become critical.
Prepare now
- Keep meticulous rent records from the start of every tenancy
- Document all communication with tenants about arrears
- Ensure all compliance certificates are in order (you cannot evict without them)
- Serve Section 8 notice as soon as arrears reach 3 months — do not wait
- Always cite Grounds 8, 10, and 11 together on the notice
Frequently asked questions
Can I evict faster using Section 21?
No. Section 21 requires 2 months' notice versus 2 weeks for Ground 8. However, Section 21 uses accelerated possession (paper-based), which can be faster once at court. Overall timelines are similar, but Section 21 is being abolished from 1 May 2026.
What if the tenant pays some rent during the process?
Keep accepting payments—this doesn't affect your case. However, for Ground 8, if arrears drop below the threshold (3 months from 1 May 2026; 2 months before that date) before the hearing, that ground fails. This is why you should always include Ground 10 as backup. Partial payments also strengthen your Ground 11 evidence of a persistent payment pattern.
Does getting a solicitor speed things up?
A solicitor won't speed up court waiting times, but they reduce errors that cause delays. If you're unfamiliar with the process, professional help often means fewer false starts. Expect to pay £500-£1,500 for a straightforward possession case.
How much does evicting a tenant cost?
Court fees are currently £355 for a possession claim, plus £130 for a bailiff warrant if needed. Add solicitor fees (£500-£1,500) if you use one. Total DIY cost is around £500; with a solicitor, expect £1,000-£2,000.
Can I change the locks myself after the court order?
No. Even with a possession order, you cannot change locks or remove the tenant's belongings yourself. This is illegal eviction. You must use county court bailiffs or High Court enforcement officers. Only they can legally remove the tenant.
What if the tenant contests the eviction?
The case goes to a full hearing where both sides present evidence. This adds 4-8 weeks to the timeline. With Ground 8 (mandatory), if you prove arrears above the threshold at both notice and hearing — 2+ months before 1 May 2026, or 3+ months from that date — the court must grant possession regardless of the tenant's circumstances. If the tenant has paid down below the threshold, the judge will consider Grounds 10 and 11 on their merits.
Can I use accelerated possession for rent arrears?
No. Accelerated possession is only for Section 21 claims. Rent arrears claims using Section 8 require a court hearing. However, the 2-week notice period for Ground 8 is shorter than Section 21's 2-month notice.
What happens if the tenant leaves before the hearing?
You can apply to the court to discontinue the claim, though you'll likely still pay the court fee. If they've left keys and the property is empty, you can retake possession. Get written confirmation they've surrendered the tenancy if possible.
Do I need to give notice before starting court proceedings?
Yes. You must serve a valid Section 8 notice specifying the grounds and wait for it to expire (2 weeks for Ground 8) before filing your possession claim. Filing without valid notice means your claim will be rejected.
What's the difference between county court bailiffs and High Court enforcement?
County court bailiffs are cheaper (£130) but slower (4-6 weeks). High Court enforcement officers are faster (often 7-14 days) but cost more (£300-£500+). For urgent cases with significant ongoing losses, the extra cost for High Court may be worthwhile.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
- Document storage with AI-powered certificate reading
- Tenancy tracking and rent management
LandlordOS tip
From 1 May 2026, serve notice as soon as arrears reach 3 months — do not wait. You need the arrears to still be at 3+ months on the hearing day, which is 2-3 months away by the time you factor in notice and court listing. Waiting longer gives the tenant more time to pay down below the threshold and defeat Ground 8. You can always withdraw the claim if the tenant pays up in full.