Tenant eviction procedure: Section 8 explained

Since Section 21 was abolished on 1 May 2026, every eviction of a private tenant in England follows the Section 8 procedure. The landlord serves a Section 8 notice (Form 3A) relying on one or more legal grounds for possession, waits for the notice period that ground requires, and — if the tenant has not left — applies to the county court for a possession order. Only a court can end the tenancy, and only court enforcement agents can remove a tenant who stays. The ground chosen decides the notice period and whether the court must, or merely may, order possession.

Rules here are for England, checked against the Housing Act 1988 as amended and GOV.UK guidance on 22 October 2026. This is general information, not legal advice — possession claims are technical, and a mistake in the notice can restart the clock.

What is the eviction procedure in England?

1. Identify the ground. The landlord must rely on one or more of the statutory grounds — selling, moving in, rent arrears, breach of tenancy, antisocial behaviour and others — and have the evidence to prove it.
2. Serve a Section 8 notice on Form 3A, the prescribed form, stating the ground or grounds and giving at least the notice period each ground requires.
3. Wait for the notice to expire. If the tenant leaves, the process ends there.
4. Apply to the county court for a possession order if the tenant stays. The court will check the notice, the evidence and the landlord's compliance.
5. Enforce through the court. If the tenant does not leave by the date in the order, the landlord applies for enforcement by court enforcement agents (bailiffs).

At no point can a landlord or agent change the locks, remove belongings or pressure the tenant to leave. Doing so is unlawful eviction or harassment, which is a criminal offence.

What are the main grounds and notice periods?

Mandatory means that if the ground is proved, the court must order possession. Discretionary means the court decides whether possession is reasonable in all the circumstances.

After evicting on Ground 1 or 1A, the landlord cannot re-let or market the property for 12 months.

What can stop a possession order?

Even with a valid ground, compliance gaps can block the claim:

• An unprotected deposit. A court cannot make a Section 8 possession order while the tenant's deposit is unprotected or the prescribed information has not been served.
• PRS Database registration. Once the database duty is in force, a court cannot make a possession order while the landlord is in breach of the duty to register, except on the antisocial-behaviour grounds. See our PRS Database guide for the regional dates.
• A defective notice. The wrong form, the wrong notice period or a missing ground means starting again.
• Weak evidence. Arrears claims need accurate rent statements; breach claims need records. Ground 8 needs the arrears threshold to be met at the hearing, not just when notice was served.

How do arrears cases work now?

Arrears are the most common reason for possession, and the Act raised the mandatory threshold: Ground 8 now needs at least three months' rent (or 13 weeks' where rent is paid weekly or fortnightly) owing at both points, with four weeks' notice. Lower arrears or a pattern of late payment fall under the discretionary Grounds 10 and 11, where the court weighs the circumstances.

The best eviction is the one you never need. Chasing arrears from the first missed day, on a fixed timetable and in writing, keeps most cases from reaching a notice at all — our guide to reducing rent arrears sets out the approach. And when a case does go to court, an accurate, reconciled rent ledger is the evidence it turns on.

What should letting agents check before serving notice?

• The deposit is protected and the prescribed information was served — with proof.
• The ground fits the facts, and you can evidence it.
• The notice uses the current Form 3A and gives the right period for every ground relied on.
• Service is recorded: how, when and to whom.
• For Grounds 1 and 1A, the landlord understands the 12-month bar on re-letting.
• The landlord has taken advice on anything contested; possession law is technical.

For the wider reforms, see our guide to the Renters' Rights Act for letting agents.

Frequently asked questions

Can landlords still use Section 21?

No. Section 21 "no-fault" evictions were abolished in England on 1 May 2026. Every possession claim now uses Section 8 and must rely on a specific legal ground.

How much notice does a landlord need to give to evict for rent arrears?

Four weeks. For the mandatory arrears ground (Ground 8), the tenant must owe at least three months' rent, or 13 weeks' where rent is paid weekly or fortnightly, both when the notice is served and at the court hearing.

Can a landlord evict a tenant to sell the property?

Yes, using Ground 1A. The landlord must give four months' notice, the notice cannot expire in the first 12 months of the tenancy, and the property cannot be re-let or marketed for rent for 12 months afterwards.

Can a landlord change the locks to evict a tenant?

No. Only a court can end the tenancy, and only court enforcement agents can remove a tenant who stays after a possession order. Changing the locks or removing belongings is unlawful eviction, which is a criminal offence.

Most possession claims start as an arrears problem that was not chased early enough. Solace's client accounting matches every payment to its tenancy the moment it lands and chases arrears automatically, so issues surface on day one rather than month three — under your agency's name. To see it on your own portfolio, book a demo.