Quick answer
To evict a tenant in England, a landlord must serve a section 8 notice (Form 3A) giving one or more legal grounds and the correct notice period, apply to the county court for a possession order if the tenant does not leave, and then use county court bailiffs to enforce the order if needed. A landlord must never change the locks, remove belongings, cut off utilities or harass a tenant to make them leave. That is illegal eviction, which can lead to prosecution or a civil penalty of up to £40,000.
- Step 1: section 8 notice with a valid ground.
- Step 2: court possession order if the tenant stays.
- Step 3: bailiffs to enforce the order.
- Illegal eviction or harassment: prosecution or civil penalty of up to £40,000.
The legal eviction process step by step
- Check you have a valid ground for possession and evidence for it. See the section 8 guide.
- Check compliance: deposit protected with prescribed information, gas safety record and other required documents given, licence held if the property needs one.
- Serve Form 3A with the correct notice period for each ground. See notice periods.
- Wait for the notice period to end. Many tenants leave at this stage, especially if you talk early.
- Apply to the county court for a possession order, with your evidence.
- Attend the hearing. For mandatory grounds that are proved, the court must make an order. For discretionary grounds, it decides whether it is reasonable.
- If the tenant has not left by the date in the order, apply for a warrant of possession. County court bailiffs carry out the eviction.
Common reasons and the grounds to use
| Reason | Ground | Notice | Type |
|---|---|---|---|
| Selling | 1A | 4 months, not ending in first 12 months | Mandatory |
| Moving in yourself or family | 1 | 4 months, not ending in first 12 months | Mandatory |
| 3 months' rent arrears | 8 | 4 weeks | Mandatory |
| Some or persistent arrears | 10, 11 | 4 weeks | Discretionary |
| Breach of tenancy | 12 | 2 weeks | Discretionary |
| Damage to the property | 13 | 2 weeks | Discretionary |
| Antisocial behaviour | 14 | Can apply straight away | Discretionary |
| Serious criminal or antisocial behaviour | 7A | Can apply straight away | Mandatory |
If you use the selling or moving in grounds, you cannot relet or remarket the property for 12 months afterwards. Breaking this rule can lead to a civil penalty.
What counts as illegal eviction and harassment
Under the Protection from Eviction Act 1977, it is a criminal offence to unlawfully deprive a residential occupier of their home or to harass them to make them leave. Examples include:
- changing the locks while the tenant is out,
- removing the tenant's belongings,
- cutting off gas, electricity or water,
- entering repeatedly without permission,
- threats, intimidation or abuse,
- deliberately leaving essential repairs undone to drive the tenant out.
From 1 May 2026, councils can impose civil penalties of up to £40,000 for illegal eviction and harassment, as an alternative to prosecution. Tenants can also claim damages and rent repayment orders.
If you are a tenant facing eviction
- A notice is not an eviction. You can stay until a court orders otherwise and bailiffs enforce it.
- Check the ground, the notice period and whether your deposit was protected.
- Get free legal advice from the Housing Loss Prevention Advice Service, Shelter or Citizens Advice.
- Contact your council's housing options team early if you may need help finding a new home.
- If you are locked out or harassed, contact your council and, in an emergency, the police.
Avoiding eviction: resolving problems early
Most possession claims start with a problem that could have been resolved earlier, such as arrears after a job loss or a dispute about repairs. Talking early, agreeing a repayment plan in writing, and keeping clear records often saves months of court time on both sides. Our dispute support membership helps landlords and tenants structure that conversation and, where suitable, use independent arbitration.
How long does eviction take?
It depends on the ground and the court. Notice periods range from none to 4 months or more, and court hearing and bailiff waiting times vary by area. Landlords should plan for the process to take several months beyond the notice period, especially if the claim is defended.
Costs to plan for
Landlords should budget for the court fee for a possession claim, a further fee for a warrant of possession, and possibly legal representation. Lost rent during the process is often the biggest cost. Current court fees are published on GOV.UK. Early resolution, where possible, is usually cheaper for both sides.
Landlord pre-claim checklist
- Tenancy agreement and written information given before the tenancy.
- Deposit protection certificate and prescribed information.
- Gas safety records, EICR and EPC given to the tenant.
- Licence, if the property needs one.
- Copy of Form 3A and proof of service.
- Evidence for each ground, such as a rent statement or inspection photos.
Common questions
Can I evict a tenant without going to court?
Not an assured tenant. If they do not leave after your notice ends, you need a court possession order and, if necessary, bailiffs. Lodgers sharing your home are different. See the lodger guide.
Can I still use section 21 to evict?
No. Section 21 was abolished for private tenancies in England from 1 May 2026. Read what replaced section 21.
Can I change the locks if my tenant does not pay rent?
No. That is illegal eviction. Use the section 8 rent arrears grounds and the court process.
What is the penalty for illegal eviction?
Prosecution, or a civil penalty of up to £40,000 from the council, plus possible damages and rent repayment orders.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
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