How to evict a tenant in England, legally

The eviction process step by step

1. 1

   Confirm you have a valid ground

   With Section 21 abolished by the Renters' Rights Act 2025, every eviction of an assured tenant needs a ground for possession, such as serious rent arrears, breach of the tenancy, antisocial behaviour, or the landlord selling or moving in.

2. 2

   Get your compliance in order

   Check the deposit is protected and the prescribed information was served, and that you hold current gas safety, EICR and EPC records plus proof the How to Rent guide was given. Gaps here invite counterclaims at the hearing.

3. 3

   Serve a Section 8 notice (Form 3A)

   State every ground you rely on with full particulars, give the correct notice period for each ground, and serve it in a way you can prove.

4. 4

   Wait for the notice to expire

   Do nothing to pressure the tenant to leave. Changing locks, cutting off utilities or removing belongings is unlawful eviction and a criminal offence.

5. 5

   Apply to the county court for possession

   Issue a possession claim with your tenancy agreement, notice, proof of service, rent statement and compliance evidence. The court lists a hearing and decides whether to make an order.

6. 6

   Enforce through county court bailiffs

   If the tenant stays after the date in the possession order, apply for a warrant of possession. Only a court bailiff or High Court enforcement officer can remove the tenant.

Choosing the right ground

Mandatory grounds oblige the court to grant possession once proved; discretionary grounds leave the judge to decide whether possession is reasonable. Most landlords plead a mandatory ground with discretionary grounds behind it.

• Serious rent arrears (mandatory, threshold must be met at service and at the hearing).
• Persistent late payment of rent (discretionary).
• Breach of a tenancy term or damage to the property (discretionary).
• Antisocial behaviour or nuisance (some grounds mandatory).
• Landlord selling or moving in (mandatory, not available in the protected period at the start of a tenancy).

What you must never do

Harassment and unlawful eviction carry criminal penalties and civil damages, and the Renters' Rights Act 2025 strengthened council enforcement powers. Never change the locks, remove belongings, cut off services or repeatedly turn up unannounced to push a tenant out.

How RentDocs.co.uk helps

• Notice generator that works out the earliest valid date for each Section 8 ground.
• Rent ledger so the arrears in your notice match your records.
• Signed agreements, deposit prescribed information and certificates stored with an audit trail.
• A dated log of everything you have sent the tenant.

Frequently asked questions

Can I still use a Section 21 notice?

No. The Renters' Rights Act 2025 abolished no fault Section 21 evictions for assured tenancies in England. Possession now relies on Section 8 grounds.

How long does it take to evict a tenant?

It depends on the ground's notice period, court listing times and whether enforcement is needed. Several months from notice to bailiff is common, so start the paperwork early and get it right first time.

Can I evict a tenant myself?

No. Only a court can end an assured tenancy against the tenant's wishes, and only court enforcement officers can carry out the eviction. Doing it yourself is unlawful eviction.

Does this guide cover Scotland, Wales and Northern Ireland?

No, this guide is for England. Scotland uses a Notice to Leave and the First tier Tribunal, Wales uses occupation contracts under the Renting Homes (Wales) Act 2016, and Northern Ireland has its own notice to quit rules.

What are the most common reasons a claim fails?

The wrong notice period, missing particulars, arrears figures that do not match the rent account, an unprotected deposit, or no proof of how the notice was served.