Possession Proceedings After the Renters' Rights Act
How landlord possession claims work in England now: section 8 Form 3A grounds, notice periods, the £415 court claim, hearings, orders, warrants and bailiffs.
Quick answer
Since 1 May 2026, a landlord in England can only end an assured tenancy with a section 8 notice on Form 3A stating a ground for possession — section 21 has been abolished, and a pre-1-May section 21 notice can support a court claim only up to and including 31 July 2026. Notice periods are usually 4 months where the tenant is not at fault (grounds 1 and 1A also cannot bite in the first 12 months of the tenancy), 4 weeks for the mandatory rent-arrears ground 8 (which now requires at least 3 months' arrears), and immediate application for serious antisocial behaviour. If the tenant stays, the landlord issues a county court claim on forms N5 and N119 for £415, proves the ground at a hearing, and gets an outright order (usually 14 days, up to 6 weeks for extreme hardship), a suspended order or a money order. If the tenant still does not leave, a warrant of possession costs £152 and bailiffs give at least 14 days' notice. Tenants cannot be evicted without a court order and can get free help from the Housing Loss Prevention Advice Service.
Overview
Possession proceedings in England changed fundamentally on 1 May 2026, when the Renters' Rights Act reforms commenced. Since 1 May 2026 a private landlord can only end an assured tenancy by giving the tenant a notice under section 8 of the Housing Act 1988, using Form 3A (or a form substantially to the like effect), stating a specific ground for possession. Section 21 'no-fault' notices have been abolished — a section 21 notice served before 1 May 2026 can only be used to start court proceedings up to and including 31 July 2026 at the latest, and after that date you will not usually be able to use a section 21 notice at all. All assured tenancies are now periodic, so there are no fixed terms to wait out; instead each ground carries its own notice period (usually 4 months where the tenant is not at fault, 4 weeks for the mandatory rent-arrears ground). If the tenant does not leave, the landlord must apply to the county court — it costs £415 — prove the ground at a hearing, obtain a possession order, and if necessary pay for a warrant so county court bailiffs can carry out the eviction. Evicting without a court order is a criminal offence.
Who Can Use This Process
- You are a landlord of an assured (now periodic) tenancy in England seeking possession, or a tenant responding to a notice or claim
- For notices served on or after 1 May 2026: you have a section 8 ground for possession and can evidence it
- For grounds 1 (moving in) and 1A (selling): the tenancy has run at least 12 months — you cannot end it within the first 12 months on those grounds
- For ground 8 (rent arrears): the tenant owes at least 3 months' rent (or at least 13 weeks' if rent is paid weekly or fortnightly) both when notice is served and at the hearing
Step-by-Step Process
Check the Current Legal Position
Since 1 May 2026 you can only give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy. Section 21 has been abolished, and all assured tenancies are periodic — tenants can stay until they end the tenancy themselves (two months' notice) or a court orders possession. Transitional rules matter this month: a section 21 notice given before 1 May 2026 can be used to start court proceedings only up to and including whichever comes first — the time left on the notice or 31 July 2026. An old-style section 8 notice served before 1 May 2026 can found a claim until 12 months from the notice date or 3 months from 1 May 2026, whichever comes first.
- If you hold a pre-1-May section 21 notice, the court-claim window closes on 31 July 2026 — act immediately or start again under the new regime
- A notice whose earliest possession date is on or after 1 August 2026 is invalid for issuing section 21 proceedings
- Tenants: you do not have to leave when a notice expires — a landlord cannot take back possession without a court order
Choose Your Ground(s) for Possession
Every notice must state the ground relied on, with the substance of the ground and reasons why it applies. Key grounds: ground 1 (you or close family moving in — mandatory, 4 months' notice, not usable in the first 12 months of the tenancy); ground 1A (selling the property — mandatory, 4 months' notice, same 12-month protected period); ground 8 (serious rent arrears — mandatory, requires at least 3 months' rent owed, or 13 weeks' if rent is weekly/fortnightly, and 4 weeks' notice); grounds 7A and 14 (antisocial behaviour — you can apply to court immediately, though no possession order can be made for 14 days from notice). Mandatory grounds oblige the court to order possession if proven; discretionary grounds (like ground 14) add a reasonableness test.
- You can rely on more than one ground in the same notice — plead alternatives where the facts support them
- The rent-arrears threshold rose from 2 months to 3 months, and the notice period from 2 weeks to 4, under the Renters' Rights reforms
- Ground 1A cannot be used against tenants whose assured tenancy predates 1 May 2026 and was never an assured shorthold
Serve a Valid Section 8 Notice on Form 3A
Fill in Form 3A of the assured tenancy forms (or a form substantially to the like effect) and serve it on your tenants. The notice period will usually be 4 months if your tenant has not done anything wrong; it may be shorter if the tenant is at fault — 4 weeks for ground 8 arrears, and immediate application (with a 14-day bar on any order) for serious antisocial behaviour. Keep proof of service. Once served, you usually have up to 12 months to apply to the court on the strength of that notice.
- Set out fully the substance of the ground and the reasons why it applies — thin particulars are a classic defect
- Serve on every tenant and keep evidence (certificate of service, photos, witnesses)
- Do not harass the tenant or change the locks while the notice runs — illegal eviction is a criminal offence
Tenants: Check the Notice and Get Free Help
If you receive a Form 3A notice, check whether it was served correctly, whether the information in it is correct and sufficient, and whether the ground is actually justified. A possession order cannot be granted if the landlord cannot show the court they gave you the required information or protected/returned your deposit as the rules require. The Housing Loss Prevention Advice Service gives free legal advice and representation as soon as your landlord gives you a written notice, and Citizens Advice, Shelter and your local council can help — councils can negotiate or help you find somewhere else to live.
- Consider whether the landlord may have discriminated against you — that can be a defence
- If the arrears ground is used, paying arrears down below the threshold before the hearing can defeat ground 8
- Keep every document: tenancy agreement, deposit protection certificate, gas safety and How to Rent paperwork, rent statements
Issue the Possession Claim (£415)
If the notice expires and the tenant remains, apply to the county court. Most claims use the standard possession procedure: complete claim form N5 and particulars of claim form N119 (or use the possession claim online service where available). It costs £415 to apply. There is no longer an accelerated section 21 route for new cases — every claim proceeds on the section 8 grounds you served.
- Claims are usually issued in and heard by the county court nearest to the property
- Attach the notice, proof of service and (for arrears) a full rent schedule to the particulars
- If you also want a money judgment for arrears, claim it in the same proceedings
Prepare for Review and Hearing; Tenant Files a Defence
The tenant should send a defence to the court within 14 days of being served with the claim. At least 14 days before the hearing, the landlord should send a copy of all case documents to the court and be ready to prove the ground relied on. Most possession hearings take place at the county court nearest to the property. You must provide evidence to prove the grounds you are using to seek possession — for mandatory grounds the court must order possession if the evidence proves the ground; for discretionary grounds the court also decides whether it is reasonable to evict.
- Landlords: bring originals — tenancy agreement, notice, service evidence, rent ledger, deposit and prescribed-information proof
- Tenants: attend the hearing even without a filed defence; duty advice is often available at court on the day
- Update arrears figures to the morning of the hearing
The Order: Outright, Suspended, Money — or Dismissal
The judge can make an outright possession order — the tenant must leave by the date in the order, which for a mandatory ground will usually be within 14 days of the order being made, extendable to up to 6 weeks if the tenant would suffer extreme hardship. A suspended order lets the tenant stay if they make the payments and keep the conditions stated in the order. A money order requires the tenant to pay a specified amount, usually rent arrears, court fees and legal costs. The judge can also adjourn the hearing or dismiss the case entirely, in which case no possession or money order is made.
Warrant of Possession and Bailiffs
If the tenant stays past the date in the possession order, apply for a warrant of possession so county court bailiffs can evict. The EX50 court fees list (updated 13 July 2026) puts the fee to issue a warrant of possession at £152. The bailiffs must give the tenant at least 14 days' notice of the eviction appointment, and the landlord must return forms EX96 and EX97A at least 3 working days before it. Only bailiffs or High Court enforcement officers acting under a warrant or writ may physically evict — self-help eviction can lead to a prison sentence.
- Budget for the warrant fee on top of the £415 claim fee
- Tenants can apply to suspend a warrant, particularly where the order was suspended on terms
- Transfer to the High Court for enforcement requires permission and a separate fee (£559 issue fee for High Court possessions)
Costs
Important Warnings
Illegal eviction is a criminal offence that can lead to a prison sentence — only court bailiffs acting under a warrant can evict
Pre-1-May-2026 section 21 notices die on 31 July 2026 at the latest — after that date you will not usually be able to use a section 21 notice to start an eviction
A possession order cannot be granted if the landlord cannot show the court they gave the tenant the correct information or dealt with the deposit as required
Grounds 1 and 1A (moving in / selling) cannot take effect within the first 12 months of a new tenancy, and misusing them attracts penalties
This guide covers England only — Wales operates under the Renting Homes (Wales) regime and Scotland under its own tenancy law
Useful Links
Frequently asked questions
- Can a landlord still use a section 21 notice?
- Only in a narrow transitional window that is now closing. A section 21 notice given before 1 May 2026 can be used to start court proceedings up to and including whichever comes first: the time left on the notice or 31 July 2026. After 31 July 2026 you will not usually be able to use a section 21 notice to start an eviction — all new evictions run on section 8 grounds served on Form 3A.
- How much rent must be owed for the mandatory arrears ground?
- Ground 8 now requires the tenant to owe at least 3 months' rent if they pay monthly, or at least 13 weeks' rent if they pay weekly or fortnightly. The Renters' Rights reforms raised the threshold from 2 to 3 months' arrears and the notice period from 2 weeks to 4. Lesser arrears can still support the discretionary arrears grounds, where the court also asks whether eviction is reasonable.
- How much notice must a landlord give to sell up or move in?
- Grounds 1 (landlord or close family moving in) and 1A (selling) are mandatory but require 4 months' notice, and neither can be used to make the tenant leave within the first 12 months of a new tenancy — notice can be given during that year, but it cannot expire before the 12 months has ended.
- Does the tenant have to leave when the notice expires?
- No. A tenant can lawfully remain after the notice expires; the landlord must follow the correct process and cannot take back possession without a court order. Only county court bailiffs (or High Court enforcement officers) executing a warrant or writ can physically evict, and they must give at least 14 days' notice of the appointment.
- How long does the tenant get once a possession order is made?
- For a mandatory ground the date for possession will usually be within 14 days of the order being made, but the court may allow the tenant up to 6 weeks to leave if the tenant would suffer extreme hardship. A suspended order instead lets the tenant stay for as long as they make the payments and keep the conditions stated in the order.
- What defences do tenants have to a section 8 claim?
- Common defences: the notice was not served correctly or its information was wrong or insufficient; the ground is not actually made out (for example arrears below the ground 8 threshold at the hearing); the landlord cannot show they gave the correct information or dealt with the deposit properly, which bars a possession order; the eviction is discriminatory; or, on discretionary grounds, that possession would not be reasonable. Free advice is available from the Housing Loss Prevention Advice Service from the moment written notice is given.
- How much does it cost a landlord to evict through the courts?
- The county court possession claim costs £415 (£559 in the High Court), and if bailiffs are needed the warrant of possession costs a further £152 under the EX50 fees list updated on 13 July 2026 — plus your own legal and letting costs. A money order can require the tenant to pay rent arrears, court fees and legal costs.