Notices of possession served after 1 May 2026: a guide for tenants who are renting from a private landlord
Guidance on what happens when your landlord gives you notice on or after 1 May to leave your home and the court and eviction process if you do not leave.
Applies to England
This guide is for tenants who:
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rent a property in England from a private landlord
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have an assured periodic tenancy
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have received a notice to leave the property after 1 May 2026.This is called a section 8 notice and should have been given to you using Form 3A.
When your landlord gives you notice to leave the property this is sometimes known as seeking possession.
This guide also covers tenants who owe their landlord rent and may be at risk of possession action.
There is a different guide if you were given a section 8 or section 21 notice before 1 May 2026.
Most tenancies in the private rented sector in England will be assured periodic tenancies after 1 May 2026.
This guidance may apply if you are in a shared property. However, in certain cases your rights and responsibilities will vary. The guidance does not cover:
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people with licences (for example, those who live in tied accommodation related to their employment and property guardians
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lodgers (people who live with their landlord)
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tenants living in a property which is not their main or only home
However, this is not a full list. You should take legal advice if you are unsure if this guidance applies to you.
Separate guidance is available for social housing tenants.
If you own and live in your property and are worried about your mortgage lender repossessing your home, separate guidance is available on mortgage repossession.
You can get free help as soon as you receive written notice that your landlord is seeking possession of the property. For more information, refer to the annex A: further advice and support.
Harassment or illegal eviction
It is illegal for your landlord to harass you. It is also illegal for your landlord to force you to leave your home without following the correct legal process. You can find more information about harassment and illegal evictions and what you can do if you are affected.
If you are worried about owing rent
If you have financial difficulties due to a change in your employment or earnings, you may qualify for Universal Credit. Find more information in the Universal Credit guidance. Local councils in England may be able to provide financial support if you face a shortfall in meeting your housing costs. For example, if you are entitled to housing benefit or the housing element of Universal Credit. Find your local council to ask about Crisis and Resilience Fund payments.
You can ask for support from a debt advisor to create a payment plan. This could help you to pay the money you owe your landlord over time. You can find out more using Money Helper, which provides access to free debt advice support.
Speak to your landlord or agent
If you are worried about your rent, speak to your landlord early. They may agree to reduce the rent or set up a repayment plan.
Shelter offers advice on negotiating with landlords, including letter templates for rent reduction or repayment plans.
Pay what you can
If you agree a plan to pay off the rent you owe, it is important you stick to it. You should talk to your landlord if you cannot keep to the plan.
If your landlord refuses to talk to you or to set up a payment plan, you are required to pay the full rent amount. If you can’t pay the full amount, pay the maximum you can afford. If you pay an amount regularly, this may help you to keep your home if the case goes to court.
Mediation and dispute resolution
About mediation
Mediation is a voluntary process where an independent person helps both sides in a dispute, to agree to a solution without going to court. For example, if you owe rent, a mediator may help you and your landlord agree a repayment plan together.
You do not have to talk to a mediator, but it may increase the chance you can stay in your home.
The landlord may sometimes pay for mediation. This does not mean the mediator will take their side. It is usually in the interest of both landlord and tenant for the tenancy to continue.
Finding a mediator
You can ask a mediator to help you and your landlord resolve a dispute. There is no single list of dispute resolution providers, but you can look for one by:
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asking your local council - some local councils offer free specialist support when a landlord is considering ending a tenancy. Find your local council
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searching online
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asking a consumer advice service such as Citizens Advice
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speaking to a legal professional
The possession process
If you do not agree to end the tenancy, your landlord must follow the correct process to take back possession of the property.
They cannot take back possession without a court order. When your landlord gives you notice to leave the property this is sometimes known as ‘seeking possession’.
To start the process, your landlord must give you a section 8 notice of possession. They must give you a reason (known as a ground for possession), for serving the notice and the correct notice period before they apply to court for a possession order if you do not leave the property.
Stage 1: What to do when you are served with a notice of possession
You should read the notice carefully and think about whether you have a good case to stay in your home. However, you should also consider what your options are if you decide to leave.
If you stay in your home after the notice period expires, the landlord will need to go to court to get a possession order. If the court grants the order of possession, you may also be required to pay the landlord’s legal costs as well as any rent you owe.
If you receive a section 8 notice, you should follow these 2 key steps:
1. Seek advice about your circumstances
You can access free legal advice through the Housing Loss Prevention Advice Service as soon as you receive a written notice of possession, or contact Civil Legal Advice for more information about the government funded support that may be available to you.
For more information about these services and other places you can go to access support, see the annex A: further advice and support.
2. Contact your landlord or letting agent
You should talk to your landlord or letting agent. They may decide to let you stay if the reasons for your landlord wanting to take back possession can be resolved.
You and your landlord can try mediation to agree to a solution which suits you both, avoiding the need to go to court.
Checking the section 8 notice
To serve a valid section 8 notice, your landlord must have used Form 3A, or a form which contains the same information. After you have received this from your landlord you should:
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check that the notice of possession was served correctly
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check that the information provided in the notice was correct and sufficient
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check if you think that the grounds (reasons) the landlord used are justified
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consider whether your landlord may have discriminated against you
The section 8 notice should explain what reasons (grounds for possession), your landlord is using to take back possession of the property and why the landlord is using the grounds for possession.
The date you must leave by, to avoid possession proceedings being issued (the notice period), will depend on the reason that your landlord has used.
The grounds for possession include:
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owing rent (rent arrears)
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damage to the property
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causing a nuisance to neighbours (antisocial behaviour)
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breach of terms in your tenancy agreement
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the landlord needs to move back into the property
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the landlord needs to sell the property
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the property is being repossessed by the mortgage provider
The list does not cover all the reasons why your landlord may give you a section 8 notice. A full list of the grounds for possession and the notice periods is available on the grounds for possession page.
If you think that the ground your landlord is trying to use does not apply to your circumstances, you will be able to tell the court when your landlord applies to the court for a possession order if you do not leave the property (see Stage 2 below). You will also be able to explain any change to your circumstances. For example, you could have paid off the amount of rent you owed by the time of the court hearing.
Deposit rules
Your landlord must protect your deposit in a government approved scheme within 30 days of receiving the deposit. They must also provide you with certain information about the scheme, including:
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the amount of the deposit paid
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where your deposit is held
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how to resolve a dispute
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how to get your deposit back when you leave
If your landlord cannot show the court that they have given you the correct information or returned the deposit, then they will not be able to get an order to evict you. The court can give your landlord an order to evict you if you have already challenged your landlord in court because they failed to follow the deposit rules and that case has concluded. Your landlord can still get an order to evict you if they originally gave you notice using the ground(s) for antisocial behaviour.
It is unlawful for your landlord to take a deposit in anything other than money. They must return any property they have taken from you before they can ask the court to grant a possession order.
Additional rules for individual possession grounds
In the first 12 months of the tenancy, your landlord cannot start the process to take back possession because they intend to sell the property, or because they or one of their close family members intends to move in.
However, they can give you a notice telling you that they intend to use one of these grounds before the 12 months has passed.
For some grounds, your landlord will need to have given you notice before the start of the tenancy (prior notice), so that they can use the ground to start the possession process.
Information about the rules which apply to possession grounds is available on the grounds for possession page.
Time limits for using the section 8 notice
If you do not leave by the end of the notice period and the landlord still wants to gain possession, they must apply to court for a possession order within 12 months, starting on the date they served the notice of possession (section 8 notice). If they do not, the notice will expire, and the landlord cannot use it to start possession proceedings.
However, the 12 month limit can be extended in some cases. This would happen if the section 8 notice was given because you owed rent, and your landlord was unable to apply to court for a possession order because you were in breathing space for debt. This debt would include the amount you owe your landlord.
The time limit will also be extended if, beginning on the day the breathing space ends, there are fewer than 8 weeks remaining until the time-limit expires.
Unlawful discrimination
It is unlawful discrimination for a landlord to end your tenancy based on one or more of these protected characteristics:
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disability
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gender reassignment
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pregnancy and maternity
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race
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religion or belief
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sex
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sexual orientation
In some circumstances, it may be possible to prevent the possession action if your landlord is discriminating against you.
For example:
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because of your gender
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if the landlord refused to make changes for a disability you may have
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if you feel you are being evicted because you complained about discrimination before (this is known as victimisation)
There is further guidance available on this:
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Preparing to challenge your possession claim if you’ve been discriminated against
However, you can seek legal advice before challenging a possession notice because of discrimination, including disability discrimination.
Leaving the property before the section 8 notice expires
You may want to leave the property before the notice of possession expires to avoid going to court and potentially having to pay your landlord’s court costs if the court rules in their favour. You should discuss your circumstances with your landlord, who might agree to write off any rent you owe as this will save them court costs.
Before moving out, you should get legal advice so that you are clear about the legal position. You can find information about how to access legal advice and support in the annex A: further advice and support.
You should also:
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contact your local council for advice about your housing options, especially if you are struggling to find somewhere to live
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tell your landlord when you are leaving or that you have left
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return the keys
Stage 2: If you stay in your home after the notice expires
If you stay in your home after the notice period has expired, your landlord can apply to the court to take back possession of the property. This is called making a possession claim. If they do this the court will send you:
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copies of the landlord’s claim evidence and documents to support the claim
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a defence form for you to complete
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information about the address of the court where the case will be heard and the date of the court hearing. You can find the contact details for the court at which your hearing is being held.
The court will also send you details about how to get free advice on your circumstances.
If your landlord applied using the possession claims online service, the court will provide you with a username and password so you can log in and respond to your landlord’s claim.
Contact the Possession Claim Online help desk if you need help or advice.
Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm email: PCOLITassistance@justice.gov.uk
Court hearings for possessions are usually held in the county court nearest your home. You should let the court know as soon as possible if you have any special requirements or need reasonable adjustments. For example, if you need extra assistance to access the building or take part in the hearing.
You or your landlord can write to the court asking for the hearing to take place remotely. Both parties will need to agree to remote hearing, but a judge will decide how the hearing proceeds.
The defence form and counterclaims
The court will give you instructions on how to get advice about defending the possession claim.
The defence form lets you contest the landlord’s claim.
For example, if your landlord has not followed the correct procedure or if the reasons that your landlord wants to take back possession are invalid. This could include if your circumstances have changed since they gave you the section 8 notice, for example if you have paid back any rent you owed.
You can explain on the form why you believe the landlord should not be able to take back possession of the property and make a counterclaim if this is relevant to your case.
You have 14 days to return the form.
If you have difficulty completing the form, you can send the court a short statement explaining your circumstances and why the possession order should not be made.
Counterclaim
A counterclaim is when you tell the court that the landlord has broken the law or not followed the rules. For example:
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if your tenancy deposit was not protected
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if repairs were not made to the property
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the landlord has discriminated against you
To make a counterclaim you should return the defence form to the court as soon as possible. You can send it by email or post. If you make a counterclaim you will need to pay a fee. The amount you have to pay depends on the details of the case.
If you are sending your defence form and counterclaim by email:
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you can only send one email which should include the case reference number
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it must be under 10MB, including attachments
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the total document length should not exceed 25 pages when printed
Make sure you seek advice and submit your defence or a statement before the hearing date to avoid additional court fees due to delays.
Help filling out your defence form
You can get free help through the Housing Loss Prevention Advice Service (HLPAS). A housing law expert may be able to help you to complete your defence form. This may help to prevent the loss of your home.
Government funded legal advice is also available through Civil Legal Advice CLA if you are on a low income.
Alternatively, you can find a list of legal aid advisers using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
You can also seek advice from Citizens Advice or Shelter.
Stage 3: What you need to do before the hearing
You should follow the instructions provided in the papers sent to you by the court as there may be extra steps you need to take.
Before the hearing, you should receive all documents related to the case, including the landlord’s claim form. The landlord must submit these documents when making a claim. If you have not received them, inform the duty adviser or judge on the day of the hearing.
You and your landlord should try to reach a settlement before the hearing. For example, your landlord may agree to let you stay in your home if you repay any rent owed through a monthly plan.
A legal adviser may help you reach a settlement with your landlord before the court hearing. You can find a list of legal aid advisers using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
Stage 4: Attending a hearing
Before attending court, it is important that you check what to expect when coming to a court or tribunal.
At a county court possession hearing, a judge decides whether the landlord should be granted possession of the property. You should go to the court hearing if you can. The judge will hear from both you and your landlord.
If you are attending the hearing in person, you should bring your hearing letter with your case number. This will help you to find where you need to go in the building. You should bring any relevant paperwork to show the court, including any evidence you have brought with you and:
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details of your income
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the possession notice
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the paperwork and documents sent to you by the court
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any defence you sent to the court before the hearing
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details of any legal help or representation you’ve already had
You should also bring any evidence you have of why you think that the grounds, or reasons, the landlord has given for seeking possession are not valid, or of why you are making a counterclaim against your landlord.
Examples of evidence you should bring will be different depending on your circumstances.
They may include:
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a copy of your tenancy agreement
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bank statements showing money in your bank account
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a letter about a new job or an increase in the hours you work
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details of any pending benefits claims and documentation from the DWP
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proof that you have paid the rent and do not owe the amount of rent that your landlord says you do
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proof that the landlord did not serve you the correct notice or give the correct notice period
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photos or videos of the condition of the property
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letters or emails showing that the landlord has not taken your individual needs into account when communicating with you
You can bring a legal adviser to represent you, such as a solicitor, and you can bring a friend or family member for support.
If you do not have a legal adviser at the court hearing, you may be able to get free legal advice and representation through the Housing Loss Prevention Advice Service. You should arrive at least 30 minutes before your hearing and speak to the court usher who will direct you to the legal aid adviser.
Your case is heard by a judge who will make a decision based on the evidence provided by you and your landlord and on what the law says. They will consider all the evidence which has been submitted. They will also consider what you, your landlord, and your representatives say at the hearing.
When you go into the hearing room you will be told who will speak and when. You will be given time to ask any questions and give evidence to support your case. If you have a solicitor, barrister or legal adviser, they will ask questions for you. The judge may also ask you or your landlord questions. You can take notes to help you, but you must not take photos or videos while you are in the hearing room.
The judge will decide based on the law and the evidence you and your landlord present.
Outcomes of the court hearing
Mandatory and discretionary grounds
The grounds that your landlord uses to seek possession affect how much discretion the court has to order possession. There are two types of grounds your landlord can use when they give you a section 8 notice to leave the property, they are:
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mandatory grounds (1 to 8): The court must grant possession if the grounds are proven
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discretionary grounds (9 to 17): The court can decide whether to grant possession, even if the grounds are proven
If your landlord uses both mandatory and discretionary grounds, the court will first check if the mandatory grounds are proved. If not, they will review the discretionary grounds and make a decision based on those.
Decisions the judge can make
The judge could:
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make an outright possession order - this means you will have to vacate the property by a date they set.
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make a suspended possession order – this means you will have to vacate the property if you do not comply with certain conditions which the judge will set out.
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adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day. The judge may give information on what you need to do next.
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dismiss the court case
If the case is dismissed, it means there’s no reason you should have to leave the property. You can stay in your home. This might happen if:
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your landlord has not followed the correct procedure
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your landlord has failed to provide sufficient evidence to support their claim
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your landlord or their representative does not attend the hearing
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the grounds for possession are not proven or are invalid. For example, you’ve proved that you paid the rent that you owed
If the case is dismissed and you have incurred any legal costs, you can ask the judge to order the landlord to pay your costs if you have any. The judge will then decide if your landlord should pay any of your costs. If your landlord still wants you to leave the property, they’ll have to restart the court process from the beginning.
Types of possession order
If the judge makes a possession order, it will either be an ‘outright’ order or a ‘suspended’ order.
Outright possession order
This means you must leave the property by the date in the order.
If you can prove that you would be in extreme hardship, the judge may agree to delay possession for up to 6 weeks. The judge will consider the evidence provided in your defence and at the court hearing when making their decision.
If a possession order is made and you do not leave your home by the date in the order, your landlord can ask the court to evict you by asking it to grant a ‘warrant of possession.’ This means that a court bailiff will evict you.
Suspended orders for possession
This means if you obey the conditions set out in the order. For example, paying the rent you owe as agreed - you can stay in your home.
Suspended possession orders include a date on which you must leave the property. However, you can stay in your home as long as you keep to the conditions. If you do not keep to the conditions set out in the order after the date for possession in the order, your landlord can ask the court for a warrant of possession to evict you.
Possession orders with a money judgment
A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:
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the amount of rent you owe
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court fees
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your landlord’s legal costs
If you have a suspended possession order, the money judgement will also be suspended on the same terms and will not be enforced if you pay the money you owe, and the amount set out in the suspended possession order. If you do not pay, your landlord can apply to the court to ask county court bailiffs to evict you and recover the money owed in a separate court process.
Money order
If only a money order is made, you must pay an amount decided by the court, but you do not have to leave the property. Your landlord can apply to court to recover the money owed if you do not pay.
After the court has made a money order your landlord may be able to ask the court to:
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make an order to deduct money from your wages or bank account
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send bailiffs to recover the debt, which could include taking away your belongings to cover the amount owed
If your landlord wants to evict you and only a money order was made, they will need to reapply to court for a possession order.
Asking the court to change your payments
If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you will need to apply using form N244 and either send or deliver it to the county court dealing with your case.
You’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking to change your payments, unless you qualify for help with court fees. If your landlord is already in agreement that your payments can be changed the fee to make an application by consent is £123.
Appealing the judge’s decision
You can only appeal the judge’s decision if you have proper legal grounds. For example:
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you can show that the decision was wrong because of a serious legal mistake
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the procedure was not followed properly
You will have to apply for an appeal hearing soon afterwards as you normally only have up to 21 days to appeal. You will need to use Form N161. You’ll have to pay a court fee of up to £171, unless you qualify for help. You will need to state the grounds of your appeal.
You will need permission to appeal. If the judge refused permission to appeal at the hearing, or if you did not ask for permission at the hearing, you’ll need to request permission from the appeal judge as part of the notice of appeal. This is also done using Form N161.
You should seek legal advice, and you may be entitled to free legal support. Government funded legal advice is available through Civil Legal Advice CLA if you are on a low income.
Alternatively, you can find a list of legal aid advisors using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
Asking the court to set aside the possession order
You can apply to have the possession order cancelled (set aside) if you had a good reason which prevented you from attending the hearing. For example, because you were away from home or unwell and you would have had a good chance of defending the landlord’s claim if you had been able to attend.
You can apply using Form N244. You’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking the court to set aside the order, unless you qualify for help. If your landlord is already in agreement that the possession order should be set aside the fee to make an application by consent is £123.
You will need to apply to have the order cancelled (set aside) as soon as you know that the court has made a possession order.
You should explain to the court why you do not think that they should have made a possession order.
The court will normally set a date for a hearing and provide you with at least three days’ notice.
Stage 5: Warrants and bailiffs
If your landlord has been granted a possession order by the court, seek advice as soon as you can. You should not wait until you are about to be evicted by bailiffs before seeking advice. If you ask for help early, you are more likely to be able to stay in your home.
The landlord can apply for a warrant or writ for possession if you:
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stay in the property after the date specified in an outright possession order
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have breached the conditions of a suspended possession order
Warrants and writs of possession are documents which allow a bailiff or High Court Enforcement Officer to:
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enter your home
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evict you from the property
In most cases, you will receive an eviction notice, giving a date by when you must leave. You will usually be given at least 14 days’ notice of the eviction date.
If you do not leave, you will be evicted at the date and time shown on the eviction notice. Some of the costs of evicting you may be added to any money you owe.
County Court bailiffs and High Court Enforcement Officers must not use violence or offensive language when evicting you nor must they damage your belongings. They cannot keep your belongings to pay for court costs or for rent arrears, unless the court makes a separate order that says they can do this.
If you leave belongings behind
Whenever possible, you should take your belongings with you when you leave the property. You should not leave any pets behind.
If you do leave any personal belongings behind, your landlord will be responsible for making sure that they are kept safe for a reasonable amount of time. You may be charged additional costs. For example, the costs of storing your belongings.
You may be able to claim money from your landlord if they dispose of your belongings without your permission.
Applying to suspend the warrant or writ
In certain circumstances, you can apply to suspend the warrant or writ before the date of the eviction. If successful, this will mean that the eviction is delayed or will not proceed. A judge will not automatically agree to suspend the warrant.
You can apply to suspend a warrant of possession or a High Court Writ of possession by filling in Form N244. This will cost £15, unless you qualify for help.
However, you should get advice on whether an application to suspend the warrant is likely to succeed and is the best option to resolve your case. You can have an initial discussion with an adviser to find out about the legal support available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local law centre or advice agency to help.
Alternatively, you can contact a legal advisor directly for help with your case. You can find a list of legal advisers by using the Find a legal adviser tool. You will need to enter your postcode and select the ‘Housing’ option.
You could also contact the housing charity Shelter or Citizens Advice.
Reasons why a warrant or writ could be suspended
If suspending the bailiff’s warrant is reasonable
If you are being evicted on a discretionary ground, the court can suspend the bailiff’s warrant if they decide it is reasonable.
If your landlord agrees to let you stay
If your landlord decides to let you stay in your home, you can ask them to withdraw their application for a warrant of possession.
What happens next
There will be a new hearing, where you should get free advice and representation from a housing adviser funded by the government through the Housing Loss Prevention Advice Service.
If one or more of the circumstances above applies in your case, the judge may decide to delay the eviction or let you stay in your home.
If the judge does not accept that you have a reason to stay, or that the eviction date should be delayed, then the eviction will proceed.
Annex A: further advice and support
Housing Loss Prevention Advice Service
The Housing Loss Prevention Advice Service (HLPAS) can provide free legal advice and representation as soon as your landlord or letting agent gives you a written notice that they intend to evict you.
A legal adviser funded by the government will work with you to find out why your landlord is looking to evict you. They will recommend potential solutions.
For example, they may be able to provide legal advice on:
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illegal eviction
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housing disrepair
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rent arrears
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welfare benefits
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payments and debt
Civil Legal Advice
You can have an initial discussion with an adviser to find out about the support that may be available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local law centre or advice agency to help you.
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Phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
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Text: ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message.
Find a legal aid adviser
You can find a list of legal aid advisers using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
Contact your local council
You can also ask your local council for help as soon as you get a notice seeking possession. They may help you to stay in your home, including negotiating with your landlord, or help you to find alternative accommodation.
If there is a risk you will become homeless, you should contact your local council homelessness prevention team for advice and assistance before agreeing to leave the property.
Other places you can go to seek help
The housing charity Shelter and Citizens Advice can also help with housing issues.
If you are not eligible for legal aid, you can pay for a solicitor to give you advice. You can find a solicitor at: Find a Solicitor - The Law Society
Money Helper can provide free and impartial help with money.