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Section 21 Abolished — Section 8 is Now the Only Route

Eviction Notice for Landlords

A complete guide to eviction notices for landlords in England. Since Section 21 was abolished on 1 May 2026, the only eviction notice available is a Section 8 notice.

We advise on the correct grounds, draft and serve notices, and represent landlords in possession proceedings — from eviction notice to enforcement.

SRA Regulated Solicitors
Staged Fixed Fees
Fast Turnaround
Chester & Nationwide

Types of Eviction Notice

Which Eviction Notice Can Landlords Use?

Available

Section 8 Notice

Fault-based eviction

The only eviction notice available since Section 21 was abolished. Must specify the grounds relied upon. Mandatory grounds give the strongest prospects of success.

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Abolished

Section 21 Notice

No-fault eviction

Section 21 was abolished on 1 May 2026. You can no longer serve a Section 21 notice to end a tenancy in England. Any Section 21 notice served after this date is invalid.

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Important: You cannot evict a tenant without a court order. Attempting to evict a tenant by changing the locks, removing their belongings, or cutting off utilities is illegal and constitutes unlawful eviction — even if the tenant owes rent or has breached the tenancy.

The Eviction Process

How to Evict a Tenant — Step by Step

The eviction process in England involves six stages. We handle every stage on your behalf.

01

Identify the Correct Ground

We review your situation and identify the strongest Section 8 ground(s) available — mandatory where possible to maximise certainty of outcome.

02

Serve the Eviction Notice

We draft and serve the Section 8 eviction notice on the prescribed form, specifying the correct grounds and notice period. Errors invalidate the notice.

03

Wait for Notice Period

We monitor the notice period. For Ground 8 (rent arrears), this is 2 weeks. For most other grounds, it is 2 months.

04

Issue Possession Proceedings

If the tenant does not vacate, we issue possession proceedings in the county court. We prepare the claim form and evidence bundle.

05

Attend the Hearing

We attend the possession hearing and obtain a possession order. For mandatory grounds, the court must grant possession if the ground is proved.

06

Enforce the Order

If the tenant does not vacate by the date in the order, we apply for a warrant of possession or transfer to the High Court for faster enforcement.

Notice Periods

Section 8 Eviction Notice Periods

GroundReasonTypeNotice Period
Ground 83+ months rent arrearsMandatory2 weeks
Ground 1Landlord requires property as homeMandatory2 months
Ground 1ALandlord intends to sellMandatory2 months
Ground 7ASerious antisocial behaviourMandatory1 month
Ground 10Some rent arrears (below Ground 8)Discretionary2 weeks
Ground 11Persistent late paymentDiscretionary2 months
Ground 12Breach of tenancyDiscretionary2 months
Ground 14Antisocial behaviourDiscretionaryImmediate

FAQs

Eviction Notice — Frequently Asked Questions

What eviction notice can a landlord serve in 2026?
Since Section 21 was abolished on 1 May 2026, the only eviction notice available to landlords in England is a Section 8 notice under the Housing Act 1988. A Section 8 notice must specify the grounds relied upon — either mandatory grounds (where the court must grant possession if proved) or discretionary grounds (where the court weighs up the circumstances). The most commonly used ground is Ground 8 (three months' rent arrears).
How long does an eviction notice take?
The notice period for a Section 8 eviction notice depends on the ground used. For mandatory rent arrears grounds (Ground 8), the notice period is 2 weeks. For most other grounds, the notice period is 2 months. After the notice period expires, if the tenant has not vacated, you must issue possession proceedings in the county court. An undefended claim can be resolved in 6–10 weeks from issue. Defended proceedings take longer.
Can I evict a tenant without a court order?
No. You cannot evict a tenant without a court order. Attempting to evict a tenant without a court order — for example, by changing the locks, removing their belongings, or cutting off utilities — is illegal and constitutes unlawful eviction. You must serve a valid eviction notice, wait for the notice period to expire, issue possession proceedings if the tenant does not vacate, obtain a possession order from the court, and then apply for a warrant of possession if the tenant still does not leave.
What happens if a tenant ignores an eviction notice?
If a tenant does not vacate after the eviction notice period expires, you must issue possession proceedings in the county court. We prepare the claim form and evidence bundle and attend hearings on your behalf. If the court grants a possession order and the tenant still does not leave by the date specified, we apply for a warrant of possession to instruct county court bailiffs, or transfer the case to the High Court for faster enforcement.
How much does it cost to evict a tenant?
The cost of evicting a tenant depends on whether the tenant defends the claim and how far proceedings go. Court fees for a possession claim are currently £391 (standard possession claim). Our legal fees are charged on a staged fixed-fee basis so you know the cost at each stage. We will give you a clear cost estimate at the outset. In some cases, the court may order the tenant to pay your legal costs.
What is the eviction process for landlords in England?
The eviction process in England is: (1) Identify the correct Section 8 ground(s); (2) Serve a valid Section 8 eviction notice specifying the grounds and notice period; (3) Wait for the notice period to expire; (4) If the tenant does not vacate, issue possession proceedings in the county court; (5) Attend the possession hearing — the court will grant a possession order if the ground is proved; (6) If the tenant does not vacate by the date in the order, apply for a warrant of possession; (7) County court bailiffs attend to remove the tenant.

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Speak to an Eviction Solicitor

Free initial enquiry. We advise on the correct eviction notice, grounds and process for your situation.

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