How to Evict a Tenant in 2026: Step-by-Step Guide

Before you start: can you avoid eviction entirely?

Eviction is expensive, slow, and stressful for both parties. Before starting the Section 8 process, consider whether a negotiated resolution is possible: a repayment plan for arrears, a mutual surrender, a rent reduction to address affordability issues, or mediation. These options can resolve problems in days rather than months.

This is not naive idealism — it is practical advice. A mutual surrender (where both parties agree in writing to end the tenancy) can be completed immediately and avoids all court costs. A repayment plan for arrears avoids eviction proceedings and keeps a good tenant in place. Even where the relationship has broken down, a cash incentive to vacate voluntarily can be cheaper than 6 months of court proceedings.

These options are only viable where both parties are willing to engage. Where a tenant is genuinely in financial difficulty and acting in good faith, they are often preferable for everyone. Where a tenant is exploiting the system or causing serious problems, the court process is the only route.

Mutual surrender

A mutual surrender is an agreement in writing between landlord and tenant to end the tenancy immediately or on a specified date. Both parties sign the agreement. The tenant hands back the keys on the agreed date. There is no notice period requirement and no court involvement. LandlordOS has a mutual surrender template available to all users.

Negotiated exit

Where a tenant is willing to leave but needs time, a negotiated exit date — agreed in writing — is more reliable than serving a formal notice and waiting. Many landlords offer rent-free periods or return of deposits promptly as incentives to secure a clean, early departure.

The Section 8 eviction process: complete step-by-step

Step 1: Identify the correct ground

Before doing anything else, confirm which Section 8 ground (or grounds) applies to your situation. The ground determines everything else: the notice period, the evidence you need, whether the court must or may grant possession, and how strong your case is.

The main grounds landlords use in practice:

For a full explanation of all grounds, see: Section 8 Grounds for Landlords: Complete 2026 Guide.

Using multiple grounds: Always cite every ground that applies. If you are dealing with rent arrears, cite Ground 8, Ground 10, and Ground 8A (if there is a history of arrears). If the tenant pays off arrears before the hearing and Ground 8 fails, the other grounds remain alive.

Step 2: Gather your evidence

Evidence gathered before serving the notice is stronger and more credible than evidence assembled afterwards. Identify exactly what you need to prove the ground, compile it in a clear format, and make sure it is complete and accurate.

The evidence required depends on the ground:

For rent arrears (Grounds 8, 8A, 10):

• Detailed rent ledger: dates rent was due, amounts due, dates and amounts paid, running arrears balance
• Bank statements showing payment receipts (or lack of them)
• Any written communications chasing arrears (emails, letters, text messages with dates)
• Tenancy agreement showing rent due date and amount
• If citing Ground 8A: records of all previous occasions when arrears exceeded 2 months, covering the past 3 years

For Ground 1 (landlord moving in):

• Evidence of genuine intent to occupy: correspondence with the family member, evidence their current accommodation is ending
• Evidence the person is a qualifying family member (birth certificate, marriage certificate)
• Check the tenancy is older than 12 months

For Ground 1A (selling):

• Written instructions to an estate agent or solicitor
• Property valuation reports
• Online listing evidence (Rightmove/Zoopla) if already marketed
• Check the tenancy is older than 12 months

For Ground 14 (anti-social behaviour):

• Dated, written complaints from neighbours (at least 2-3 independent sources if possible)
• Police crime reference numbers for any incidents reported
• Council ASB team correspondence
• Your own contemporaneous notes of incidents (written at the time, not reconstructed later)
• CCTV footage if available and relevant

Step 3: Serve the Section 8 notice correctly

The Section 8 notice (Form 3) must be the current prescribed form, correctly completed, served by an approved method. Errors in the notice — wrong form version, wrong ground number, incorrect notice period calculation — invalidate the notice entirely. You will have to serve again, losing weeks or months.

Get the current form: Download Form 3 from the Ministry of Justice website (search 'Form 3 Section 8 notice'). Do not use a form from a previous year or a template you saved months ago — forms are updated and an outdated version may be invalid. Download fresh each time you need to serve.

Complete the form accurately:

• Full address of the property
• Full names of all tenants (include all named tenants on the tenancy agreement, even if only one is being evicted)
• Full name and address of the landlord (or agent acting for the landlord)
• The ground(s) relied upon: state the ground number(s) and quote the full statutory wording
• Particulars: a brief explanation of why each ground applies in this specific case
• The date on or after which proceedings may begin: calculate this from the date of service, adding the required notice period for each ground

Calculating the notice period: The notice period runs from the date of service, not the date you complete the form. If you serve by first class post, service is deemed the day after posting — add one day before starting the notice period count. See the full guide to notice period calculation: Renters' Rights Act Notice Periods.

Service methods:

• Personal delivery: Hand the notice to the tenant in person. Ask them to sign a receipt. If they refuse, note the date, time, and witnesses.
• First class post: Send to the property address. Keep the certificate of posting (available free from the Post Office). Service is deemed the day after posting.
• Email: Only if the tenancy agreement explicitly provides for service by email and specifies the email address. Keep the sent email and, if possible, a read receipt.
• Leaving at the property: Pushing through the letterbox counts, but is harder to evidence. Use only as a last resort.

Keep your proof of service: The notice is worthless without proof you served it. A certificate of posting, a signed receipt, or a sent email timestamp is essential evidence at the court hearing.

Step 4: Wait the required notice period

The notice period varies by ground: 2 weeks for most anti-social behaviour cases, 4 weeks for rent arrears and most other grounds, and 3 months for landlord moving in (Ground 1) or selling (Ground 1A). Do not apply to court before the notice period has fully expired.

The notice period is measured from the date of service (not the date you write the notice, and not the date you post it — the date it is deemed received). For first class post, add one day. For recorded delivery, it may be the date of delivery or the date the first delivery attempt was made.

During the notice period, you cannot take any steps to force the tenant to leave. You cannot change the locks, remove the tenant's belongings, turn off the utilities, or harass the tenant into leaving. Any of these actions constitutes illegal eviction, regardless of how much rent the tenant owes.

Use the notice period productively:

• Monitor arrears daily if the case is arrears-based — check whether arrears are approaching or falling below the 2-month threshold
• Prepare your court claim in advance so you can file it immediately when the notice period expires
• Gather any additional evidence that becomes available during this period
• Communicate in writing with the tenant about their intentions (are they planning to leave voluntarily?)

Step 5: Apply to court if the tenant does not leave

If the tenant has not vacated by the end of the notice period, file a possession claim at the county court. Use the HMCTS Possession Online portal for eligible claims. Complete the form accurately, attach the Section 8 notice and proof of service, and pay the court fee (around £391 online).

HMCTS Possession Online (PCOL): The HMCTS Possession Online portal allows landlords to file standard possession claims online, which is faster and cheaper than paper claims. It is available for residential possession cases including Section 8 claims. Not all cases are eligible for the online portal — complex or unusual cases may need to be filed on paper at the county court.

What to include in the claim:

• Claim form (N5 for possession, or via the online portal)
• Particulars of claim (a concise statement of the facts supporting the ground)
• Copy of the tenancy agreement
• Copy of the Section 8 notice (Form 3)
• Proof of service of the notice
• Rent ledger and bank statements (for arrears claims)
• Any other key evidence

Court fee: The court fee for an online possession claim is currently around £391. Paper claims cost slightly more. If you are also seeking a money judgment for the arrears, there is an additional fee based on the amount claimed. Check current court fees on the HMCTS fee schedule as these are subject to change.

After filing: The court will serve the claim on the tenant and list a hearing date. This typically takes 4-8 weeks from filing, though the government has committed to improving processing speeds as part of the reforms accompanying the Renters' Rights Act. In practice, court capacity remains a significant constraint.

Step 6: Attend the court hearing

At the possession hearing, present your evidence clearly and concisely. On clear mandatory grounds (rent arrears evidenced by the ledger, no genuine dispute), the judge should grant a possession order quickly. On discretionary grounds, be prepared to make the case for why it is reasonable to grant possession.

Preparing for the hearing:

• Organise your evidence chronologically and clearly label each document
• Bring multiple copies: one for you, one for the judge, one for the tenant or their representative
• Prepare a brief summary of the key facts and the ground you are relying on
• Arrive early — hearings are often listed in groups at the same time and you may have to wait
• If using a solicitor, brief them fully in advance and ensure they have all the documents

What happens at the hearing:

For mandatory grounds where the ground is clearly established and uncontested, hearings can be very brief. The judge reviews the evidence, confirms the ground is made out, and grants a possession order specifying a date (typically 14-28 days from the hearing date) for the tenant to leave.

For discretionary grounds, or where the tenant contests the facts, the hearing takes longer. The judge hears from both sides, may ask questions, and decides whether it is reasonable to grant possession. The judge may:

• Grant a possession order immediately (with a date for the tenant to leave)
• Grant a suspended possession order (possession is granted but suspended as long as the tenant meets certain conditions, such as paying rent plus an arrears contribution each week)
• Adjourn the case to a further hearing (for more evidence, or to give the tenant time to resolve the issue)
• Dismiss the claim (if the judge finds the ground is not established or that it would not be reasonable to grant possession)

Suspended possession orders: On arrears grounds, judges often grant a suspended possession order rather than outright possession. This means possession is granted on condition the tenant pays current rent plus a weekly or monthly amount towards the arrears. If the tenant breaches the terms, the landlord can apply to enforce the possession order without a new hearing. Suspended orders are more common on discretionary grounds than mandatory grounds.

Can you get costs? You can ask for your costs (court fees and, if applicable, solicitor fees) to be awarded against the tenant. Costs are discretionary. Courts generally award costs to landlords who succeed on mandatory grounds; discretionary grounds are less predictable.

Step 7: Apply for bailiff warrant if the tenant does not leave

If the tenant does not vacate by the date specified in the possession order, apply to the court for a warrant of possession. County court bailiffs will then attend the property, give the tenant a final opportunity to leave, and physically enforce the order. Do not attempt to remove the tenant yourself.

To apply for a warrant of possession:

1. Complete Form N325 (Request for Warrant of Possession) and file it at the court with the applicable fee (currently around £143)
2. The court will issue the warrant to the bailiff's office
3. The bailiff's office will contact you to arrange a date and will send a notice to the tenant
4. On the enforcement date, the bailiff attends the property, permits the tenant to remove their belongings, and secures the property

County court bailiff appointments typically take 4-8 weeks from the warrant being issued. If the tenant has left belongings, you must follow the correct procedure for abandoned goods (notifying the tenant and allowing them to collect) before disposing of anything. Do not simply throw belongings away — this can lead to a civil claim against you.

High Court enforcement: In some cases (particularly where the debt element is over £600), you can transfer the possession order to the High Court and use High Court Enforcement Officers (HCEOs) instead of county court bailiffs. HCEOs are faster (appointments typically within days rather than weeks) but more expensive. This is a specialist area — seek legal advice if you want to consider this route.

How long does eviction take in 2026?

The realistic timeline from serving the Section 8 notice to recovering possession is 3-9 months depending on the ground, whether the tenant contests, and court capacity. The table below gives a breakdown by scenario.

These timelines assume a relatively functional court system. Court capacity has been a persistent problem and there is significant regional variation. The government has committed to court reform alongside the Renters' Rights Act, but it is not yet clear how quickly improvements will materialise in practice.

Costs of Section 8 eviction in 2026

The minimum cost of a straightforward Section 8 eviction with no solicitor is around £500-£1,000 in court fees. A contested case with solicitor representation and bailiff enforcement can cost £5,000-£10,000 or more. Rent guarantee insurance can significantly reduce the financial impact.

Rent guarantee insurance

Rent guarantee insurance (also called rent protection insurance) covers lost rent during an eviction process, subject to the policy terms. Most policies cover up to 12-24 months of lost rent and also cover legal costs for the possession proceedings. The annual premium is typically 3-5% of annual rent.

Given the increased timelines and costs of the post-RRA eviction process, rent guarantee insurance has become significantly more valuable for landlords. If you do not currently have it, assess whether it makes sense for your portfolio. Many policies require continuous coverage from the start of the tenancy — you cannot take out a policy once a problem has already arisen.

Common mistakes that slow down or sink Section 8 claims

Most failed or delayed Section 8 claims come down to notice errors (wrong form, wrong notice period, wrong service method), insufficient evidence, or procedural mistakes in the court process. Here are the mistakes to avoid.

• Using an outdated Form 3. Download the notice form fresh from the Ministry of Justice website. An outdated version can invalidate the notice.
• Miscalculating the notice period. For first class post, add one day before the notice period starts. For 4 weeks notice, count 28 calendar days from the service date, not 4 working weeks. Get it wrong and you cannot apply to court when you think you can.
• Failing to include all tenants. The notice must name all tenants on the tenancy agreement. A notice served on only one of two joint tenants may be invalid.
• Not keeping proof of service. Without proof that the notice was served, and when, the court proceedings cannot proceed.
• Letting arrears drop below 2 months before the hearing. If you only cite Ground 8 and arrears fall below 2 months before the hearing, the mandatory ground fails and you have no fallback. Always cite Grounds 8, 8A, and 10 together.
• Failing to attend the hearing. If you do not attend the hearing, the judge may dismiss your claim. You must attend or have a legal representative attend on your behalf.
• Attempting to evict without a court order. Changing the locks, removing belongings, or threatening the tenant to leave without a court order is illegal eviction — a criminal offence.
• Not having a current possession ground when Ground 1 or 1A restrictions apply. If the tenancy is less than 12 months old, Grounds 1 and 1A are unavailable. Check the tenancy start date before citing these grounds.

What LandlordOS helps you track for Section 8

LandlordOS is designed around the reality that landlords need to build their evidence base over the life of a tenancy, not at the point when a problem emerges. Key features for Section 8 preparation:

• Rent ledger: Every rent payment recorded automatically, with running arrears balance visible at a glance. Exportable as a PDF for court use.
• Communications log: Record every written communication with tenants, with dates. Critical for demonstrating you chased arrears before going to court.
• Maintenance records: Log every maintenance report and action taken. Crucial for Awaab's Law compliance and for demonstrating you maintained the property (relevant to Grounds 12 and 13 defences).
• Compliance dashboard: Track gas safety, electrical safety, EPC, HMO licensing status — so you are never exposed to Ground 6A.
• Deadline alerts: Reminders for notice period expiry, court filing deadlines, and hearing dates.

Frequently asked questions

How long does eviction take in 2026?

From notice to possession: 3-4 months for an uncontested mandatory ground case; 5-9 months for contested or discretionary cases. If bailiff enforcement is needed, add 4-8 weeks. Court capacity remains a significant variable — regional differences and hearing list backlogs can extend these timelines.

How much does Section 8 eviction cost?

Court fees alone: £400-£600 (possession claim plus money judgment). With solicitor representation: £2,000-£8,000 for a contested case. Plus lost rent during the process, which is typically the largest cost. Rent guarantee insurance can cover much of this.

What if the tenant pays the arrears?

If arrears drop below 2 months before the hearing, Ground 8 (mandatory) fails. This is why you should always cite Grounds 8, 8A, and 10 together. The case continues under the discretionary grounds. Discretionary possession is not guaranteed but the court will consider the pattern of arrears in deciding what to do.

Can I change the locks?

No. Under no circumstances should you change the locks on an occupied property without a court order. Illegal eviction is a criminal offence under the Protection from Eviction Act 1977, with unlimited fines and potential imprisonment. It also exposes you to a civil claim from the tenant. Even if the tenant has stopped paying rent entirely, you must use the court process.

What happens if I evict illegally?

Illegal eviction is a criminal offence. Prosecution can result in an unlimited fine or imprisonment of up to 2 years. Civil proceedings can result in substantial damages awards. Local authorities (Environmental Health, Housing Enforcement) actively investigate illegal eviction complaints. The legal costs and damages typically dwarf whatever short-term benefit seemed to justify bypassing the process.

Do I need a solicitor?

Not always. Clear, uncontested mandatory ground cases (particularly rent arrears) can often be managed without a solicitor if you are comfortable with the process. Contested cases, discretionary grounds, cases involving vulnerable tenants, or complex legal arguments should involve specialist legal advice. The cost of a mistake — an adjourned case, an invalid notice, a failed hearing — usually exceeds the cost of early legal advice.