Evicting tenants in England

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1. Overview

You must follow the correct procedures if you want your tenant to leave your property.

You may be guilty of harassing or illegally evicting your tenant if you do not follow the correct procedures. Illegal eviction is a criminal offence that can lead to a prison sentence.

This guidance is for England only. There’s different guidance on:

How to evict tenants

How you evict your tenant depends on whether you have an:

  • assured periodic tenancy
  • excluded tenancy or licence
  • regulated tenancy

Assured periodic tenancies

To evict your tenant from your property, you’ll need to give them a section 8 notice.

If your tenant does not leave by the date in the notice, you’ll need to apply to the court for a standard possession order.

If your tenant does not follow the terms in the possession order, you can apply for a warrant for possession. This means bailiffs can remove your tenant from your property.

Excluded tenancies or licences

You do not have to go to court to evict your tenant if they have an excluded tenancy or licence, for example if they live with you.

You only need to give them ‘reasonable notice’ to quit. Reasonable notice usually means the length of the rental payment period, so if your tenant pays rent weekly you can give them one week’s notice. The notice does not have to be in writing.

You can then change the locks on their rooms, even if they still have belongings in there.

Regulated tenancies

If your tenant started their tenancy before 27 February 1997, they might have an assured or regulated tenancy. You’ll then have to follow different rules to evict them and they’ll have increased protection from eviction.

You can get information from Shelter about:

2. Giving notice to evict tenants

To evict your tenant, you must give them notice. If you do not follow the correct procedure, you may be guilty of harassing or illegally evicting your tenant.

Before you give notice

You can try to resolve any disputes with your tenant before you try to evict them. You can get information about:

If your tenant owes rent and gets housing benefits

If your tenant owes you rent and claims Universal Credit or Housing Benefit you may be able get the rent paid straight to you instead of evicting them. This is known as ‘managed payments’.

Request managed payments if your tenant is claiming:

How to give notice

You can evict tenants who have an assured periodic tenancy using a section 8 notice.

You must fill in form 3A of the assured tenancy forms. You can get legal advice on how to use a section 8 and how to give it to your tenant.

You will need to give your tenant the correct notice period. You’ll also need to explain what reasons (known as ‘grounds’) you’re using to evict them. You can include evidence, for example bank statements which show that your tenant has not paid rent.

Grounds for possession

Some of the reasons you can use a section 8 notice to evict tenants include:

  • your tenant has not paid or owes you rent (rent arrears)
  • your tenant has committed antisocial behaviour
  • you or your close family need to move into the property
  • you intend to sell the property

Read the grounds for possession guidance which lists all the grounds and notice periods you’ll need to give your tenant.

You cannot evict your tenant in the first 12 months of the tenancy if it’s because you need to move in or sell your property.

The grounds you use will affect the decisions a judge can make if your tenant does not leave and you apply for a possession order.

Grounds are either ‘discretionary’ or ‘mandatory’.

Discretionary grounds

A ‘discretionary ground’ means you need to prove it and the court then decides if it is reasonable to evict your tenant. For example, your tenant has broken the tenancy agreement.

Mandatory grounds

A ‘mandatory ground’ means if your evidence proves the ground is met, the court must give you a possession order. For example, you are selling the property.

After you give notice

Keep proof that you gave notice to your tenant. You can either:

If your tenant does not leave by the specified date, you will be able to rely on your completed N215 or notice when you apply for a possession order. How long you have to apply to court to evict your tenant depends on how much notice you gave.

How long the notice period should be

The notice period depends on the ground being used.

The notice period will usually be 4 months if your tenant has not done anything wrong. It may be 2 months in some specialist cases.

The notice period may be shorter if your tenant is at fault, for example, they owe you rent.

Your tenant does not have to leave during the notice period.

If your tenant does not leave by the date in the notice

You’ll need to start court proceedings to apply for a possession order.

If you gave your tenant a section 8 notice on or after 1 May 2026, you’ll usually have up to 12 months to apply to the court to evict them.

If you asked your tenant for a deposit

The court will only give you a possession order to evict your tenant if you can show that one of the following things have happened:

  • you returned the deposit to your tenant, in full or with any deductions that you agreed with them
  • your tenant challenged you through the court on whether the deposit protection requirements were met, and the case has been decided, settled or withdrawn
  • you still have the deposit and it’s in a government-approved scheme

If you still have the deposit by the possession hearing, you will need to prove to the court that:

These rules do not apply to grounds 7A or 14 for antisocial behaviour. 

If you gave your tenant notice before 1 May 2026

If your tenant does not leave by the date in the notice, the rules about starting court proceedings depend on whether you gave your tenant a:

  • section 8 notice
  • section 21 notice

If you gave your tenant a section 8 notice

You will usually only be able to use the notice to start court proceedings for up to 12 months after the date you gave it to your tenant or until 31 July 2026, whichever is sooner.

If you gave your tenant a section 21 notice

You will usually only be able to use the notice to start court proceedings for up to 6 months after you gave it to your tenant or until 31 July 2026, whichever is sooner.

After 31 July 2026 you will not usually be able to use a section 21 notice to start an eviction process. This will apply even if you gave your tenant notice less than 6 months ago.

You will be able to get legal advice on how long you’ll have to use the section 21 notice to start court proceedings.

If you do not apply to the court in time, the section 21 notice will become invalid and the tenancy will be an assured periodic tenancy. You will need to serve your tenant with a new section 8 notice to evict them and apply for a possession order.

Tenants can get free advice from the Housing Loss Prevention Advice Service.

3. Standard possession orders

Apply to the court for a standard possession order if your tenant does not leave by the date specified on the possession notice.

The rules about private renting changed on 1 May 2026. Find out how this affects applying to the court for possession if you gave your tenant a section 21 or section 8 notice before 1 May 2026.

You can use the possession claim online service if you want to get your property back because your tenant owes you rent.

When you cannot use the online service

You cannot use the online service for other kinds of standard possession claims. For example, if you intend to sell your property or your tenant has broken the terms of the lease.

Complete an N5 form and an N119 form. Post or email it to your local court that deals with housing possession.

4. Accelerated possession orders

If you gave your tenant a valid section 21 notice before 1 May 2026, you may be able to apply to court for an accelerated possession order if:

  • your tenant has not left by the date specified in the notice
  • you’re not claiming rent arrears
  • you apply by 31 July or the expiry date of the notice, whichever date comes first

There’s usually no court hearing if you apply for an accelerated possession order. It costs £404 to apply.

The rules about private renting changed on 1 May 2026. Find out how this affects applying to the court for possession if you gave your tenant a section 21 notice before 1 May 2026.

If you want to claim rent arrears, you can use either the:

How to apply

Download and fill in the form for properties in England.

Send the completed form to the nearest court that deals with housing possession.

What happens next

Once your application has been issued, the court will send your tenant a copy of the application.

Your tenant has 14 days to challenge the application, from the date they receive it.

A judge will decide either to:

  • issue a possession order that states your tenant must leave the property (this is normally the case)
  • have a court hearing (this usually only happens if the paperwork is not in order or your tenant raises an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge makes a possession order, your tenant will normally have 14 days to leave the property. If this will cause ‘exceptional hardship’, the judge may give the tenant up to 42 days to leave.

If your tenant does not leave, you can apply to the court for a warrant of possession. This will allow the court bailiffs to evict your tenant.

5. Possession hearings and orders

When you apply to the court for a possession order, there will usually be a possession hearing.

If you apply for an accelerated possession order, the judge will usually make a decision without needing a hearing.

You must follow the correct process for evicting your tenant. The case could be dismissed if you do not.

Before the hearing

The court will:

  • send your tenant a copy of your application and any other documents
  • send you a notice of issue with your claim number - keep this safe for future correspondence
  • set a date for the possession hearing

You should bring copies of the relevant paperwork to the possession hearing.

If your tenant disagrees with anything in your possession claim forms, they can send the court a defence form. The court will send you a copy of their defence form and you may want to get legal advice.

You can check what to expect when coming to a court or tribunal.

During the hearing

The judge could:

  • make a ‘possession order’ - the judge will make a legal decision on whether your tenant should leave the property or stay subject to conditions
  • make a ‘money order’ - the judge will make a legal decision on what your tenant will need to pay you, but they will not have to leave the property
  • adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day)
  • dismiss the court case - no possession order or money order will be made and the hearing is finished

The judge will dismiss the case if there’s no reason your tenant should be evicted. This might also happen if:

  • you have not followed the correct procedure
  • you or your representative do not attend the hearing
  • your tenant has paid any rent that was owed

Your tenant can stay in your property if the judge dismisses the case. The judge may also order you to pay your tenant reasonable costs.

If you still want to evict your tenant after the case has been dismissed, you’ll have to restart the court process from the beginning.

Types of possession order

The judge can make different kinds of orders.

Order for possession (or ‘outright possession order’)

This means your tenant must leave your property before the date given in the order.

The date your tenant must leave the property will depend on the reason why the court has made the order for possession.

The judge will choose the date based on the reason for the order for possession. The judge will also consider your tenant’s circumstances.

You can ask the court for a ‘warrant for possession’ if your tenant does not leave your property by the date given. If the court gives a warrant, your tenant will be sent an eviction notice with a date when they must leave your property.

Suspended order for possession

This means your tenant can stay in your property if they:

  • make the payments stated in the order
  • obey any other conditions stated in the order

If your tenant does not make the payments or obey the other conditions, you can ask the court for a warrant for possession.

Money order

This means your tenant must pay you a specified amount of money, usually made up of:

  • their rent arrears
  • court fees
  • your legal costs

A judge can also add a money order to any of the possession orders.

You can ask the court to take action if your tenant does not make the payments, including:

  • deducting money from your tenant’s wages or bank accounts
  • sending bailiffs to take away things they own

If only a money order is made, you can go to court again and ask for a possession order if your tenant gets into rent arrears.

The court may order you to pay compensation to your tenant if you applied for possession because it is not possible to comply with the law unless your tenant leaves. For example:

  • there’s a ‘prohibition order’ because of serious health and safety risks
  • there’s a ‘planning enforcement notice’ because you built or changed something without planning permission
  • 5 or more people from more than one household live in your property and you do not have a Houses in Multiple Occupation (HMO) licence

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing.

At the end of the hearing, you’ll need to ask the judge for the reasons for their decision and for permission to appeal to a higher court.

You have 21 days from the date the judge made their decision to file an appeal document at court (known as a ‘notice of appeal’).

You will need to apply to the higher court for permission if either:

  • the judge does not give you permission to appeal
  • you did not ask for permission to appeal at your hearing

You will have to pay a £404 court fee, unless you qualify for financial help.

You’ll need to get legal advice.

6. If tenants do not follow a possession order

You can ask the court for a ‘warrant for possession’ if your tenant:  

  • does not leave the property by the date given in an outright order for possession  
  • breaks the terms of a suspended order for possession  

When the court issues a warrant, it will send your tenant an eviction notice with the date they must leave your property by. A bailiff will evict your tenant on this date if they have not left. 

You will be able to apply for a warrant of possession up to 6 years after a possession order is made. After 6 years you will need to apply to the court for permission.  

How to apply for a warrant  

What you will need to do depends on what grounds you’re applying for a warrant. Use: 

  • form N325 if your tenant did not leave the property by the date given in an outright order for possession  
  • form N325A if your tenant broke the terms of a suspended order for possession  in relation to rent arrears or other payment of money
  • form N244 if your tenant broke the terms of a suspended order for possession other than in relation to rent arrears or other payment of money
  • the Possession Claim Online service for outright and suspended possession orders that only involve rent arrears (as long as you used it to make the original possession claim)   

It will cost £148.  

When a warrant is issued  

The court will send you a warrant number and an EX96 ‘notice of appointment’ form. The form will tell you the date of the eviction. You may also be sent a risk assessment questionnaire (form EX97a).  

You’ll need to fill in any forms and return them to the court to confirm you want the eviction to take place. You will need to do this at least 3 working days before the date of the eviction, otherwise it may be cancelled.  

If you transfer the warrant to the High Court 

You can get a ‘writ of possession’ if you transfer the warrant from the county court to the High Court. This means a High Court enforcement officer can evict your tenant. You might get a faster eviction this way.

Before you transfer, you’ll need to apply for permission from the county court if you do not already have it. It costs £123.

Delaying eviction  

Your tenant can apply to suspend a warrant of possession. After they’ve applied, they can ask a judge to suspend the warrant at a new hearing.

A warrant can usually only be suspended if you gave notice using a ‘discretionary’ ground for possession.  

The judge could delay the eviction or let the tenant stay in your property if they can show their circumstances have changed. For example, if they: 

  • can pay the rent and start repaying arrears 
  • stop committing antisocial behaviour  

The tenant’s change of circumstances must be related to the reason the possession order was made.

Changing payments  

If your tenant’s circumstances change after a suspended possession order was made, they can ask a judge at a new hearing to change what they pay.

Applying for permission after 6 years  

 If it has been more than 6 years since the possession order was made, you’ll need to apply to the court for permission to apply for a warrant of possession.   

You will be able to apply for permission by using form N244 and paying the correct fee.  

The fee will be £404 if you want the court to give your tenant notice. It will be £119 if you do not want the court to give your tenant notice.  

You can get legal advice on how to fill out the form.

7. Harassment and illegal evictions

It’s a crime to harass or try to force your tenant out of a property without following correct procedures. Your tenant might have the right to claim damages or seek a rent repayment order if you do not follow the rules.

You may be prosecuted or given a fine of up to £40,000 if you harass or illegally evict your tenant.

Harassment

Harassment can be anything you do or fail to do that makes your tenant feel unsafe in the property or forces them to leave.

Harassment can include:

  • stopping services, like electricity
  • withholding keys, for example if there are 2 tenants in a property but you only give 1 key
  • refusing to carry out repairs
  • anti-social behaviour by someone on your behalf, for example, your friend moves in next door to your tenant and causes problems
  • threats and physical violence
  • threatening to change the locks
  • opening or taking post
  • stopping access to temperature control

Illegal eviction

If you want to evict your tenant, you must follow the correct procedure.

You may be guilty of illegal eviction if you:

  • do not give your tenant the right legal notice to leave your property
  • evict your tenant without a ‘warrant’ or ‘writ for possession’ from the court
  • use someone other than a court appointed bailiff to evict your tenant
  • change the locks