Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord

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Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord

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Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord

This guide is for tenants who:

rent a property in England from a private landlord other than a private registered provider of social housing
have an assured or assured shorthold tenancy. You can check what tenancy you have using Shelter’s Tenancy checker
were given a notice to leave the property before 1 May 2026 and that notice had not expired on or before 30 April 2026. The notice could have either been a section 8 notice using Form 3, or a section 21 notice using Form 6A
may have received papers from the county court telling them that their landlord has started the court process to get their property back. This is called making a possession claim

By making a possession claim, your landlord may be able to get a possession order from the court. The possession order means that you will legally have to leave your home. If you do not leave, your landlord can get bailiffs to evict you.

This guide explains how the possession process works, and your rights and options during the process.

If you have received a notice of possession on or after 1 May 2026, you need to refer to the possession guidance for tenants who have been given a section 8 notice on or 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. This guidance does not cover:

lodgers (people who live with their landlord)
people on a licence to occupy (for example, those who live in tied accommodation related to their employment and property guardians)
tenants living in a property which is not their main or only home (for example, a holiday let)

However, this is not a full list. You can get legal advice (Find legal advice and information: Find a legal adviser - GOV.UK) if you are unsure of what process your landlord needs to follow when they ask you to leave.

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 repossession.

There are links to advice, support and how to get a solicitor in Annex A of this guidance. Advice and support is available throughout the process.

Harassment or unlawful eviction

It is unlawful for your landlord to harass you or force you to leave your home without following the correct legal process. You can find more information about harassment and unlawful evictions and what you can do if you are affected.

What to do if you were served with a section 8 notice of possession before 1 May 2026

If your landlord gave you a section 8 notice before 1 May 2026, it is too late for them to use it to apply to court for a possession order if they have not done so already.

If your landlord applied to court on or before 31 July 2026, you can check if the notice they gave you was valid. If they gave you a section 8 notice, they can only regain possession of the property using the reasons in the table in Annex B.

The amount of notice that is required before your landlord can apply to the court to start possession proceedings will depend on the reason why your landlord wants to evict you.

You should check that:

the notice of possession was served correctly
the information provided in the notice of possession was correct and justified
the grounds the landlord used are justified
the notice was still valid immediately before 1 May 2026 (it had not expired)

You can contest the landlord’s claim for any of these reasons, or because of discrimination or disability.

To have served a valid section 8 notice before 1 May 2026, your landlord must have used Form 3, or a form which contains the same information. Your landlord must have provided a reason (grounds) for giving you a section 8 notice. The section 8 notice must explain what grounds your landlord is using to take back possession. There are several reasons, or grounds, for serving a section 8 notice such as:

owing rent (rent arrears)
damage to the property
causing a nuisance to neighbours (antisocial behaviour)
breach of terms in your tenancy agreement
the landlord needs to move back into the property
the property is being repossessed by the landlord’s mortgage provider

The list does not cover all the reasons why your landlord could have given you a section 8 notice. A full list of the section 8 grounds before 1 May 2026 is at Annex B.

Breathing space

If you are or were in a breathing space, your landlord may be able to apply to court for a possession order on or after 1 August 2026 using a section 8 notice that they gave to you before 1 May 2026.

If you are in a breathing space your landlord cannot ask the court to start section 8 possession proceedings to try to regain possession because you owe them rent. Once the breathing space ends, if there are less than 8 weeks left before the expiry of the section 8 notice or if the section 8 notice has expired, your landlord will have 8 weeks to start possession proceedings to get their property back. The 8 weeks begins on the date that the breathing space ends.

Types of grounds for possession

There are two types of grounds your landlord could have used when they gave you a section 8 notice before 1 May 2026 to leave the property.

Mandatory grounds

The court must give your landlord an outright order for possession if they can prove the reason they have used applies. The order will give the date that you need to leave, often called the date of possession. If you do not leave by that date, your landlord can apply to the court to evict you.

Discretionary grounds

The court can decide whether to grant possession, even if the grounds are proven.

If your landlord has used both mandatory and discretionary grounds, the court will check if the mandatory grounds are proven. If not, they will review the discretionary grounds and make a decision based on those.

Annex B provides more information about which grounds are mandatory and which grounds are discretionary.

What happens next

If your landlord applies to court for a possession order, the court will send you information including a defence form. If you think that the section 8 notice was not served correctly or that the ground your landlord is trying to use does not apply to you, you can state this in the defence form or at the possession hearing.

For example, you could explain that you have paid off rent arrears if your landlord is trying to regain possession because you owe them rent.

You can challenge the claim for possession in court and may be able to stay for longer in your home. You may have to pay court costs if the court decides in your landlord’s favour.

See If your landlord has applied to court for more information.

If you were served with a section 21 notice

Section 21 notices apply to assured shorthold tenancies only.

If your landlord gave you a section 21 notice before 1 May 2026, it is too late for them to use it to apply to court for a possession order if they have not done so already.

If your landlord applied to court on or before 31 July 2026, you can check if the notice they gave you was valid by completing the following steps, although not all of these will be relevant to every tenancy.

Your landlord must have:

given you at least 2 months’ notice to leave before applying to the court for a possession order

You may have been entitled to more than 2 months’ notice if you had a periodic (rolling) tenancy agreement from the start of the tenancy. However, if giving you the amount of notice you are entitled to means that you have until 31 July 2026 or later to leave the property your landlord will not be able to ask the court to issue possession proceedings using the section 21 notice if you do not leave the property.

started court proceedings in time

Your landlord could only apply to court for a possession order using a section 21 notice up to and including whichever date came first:

the time left on the notice
31 July 2026
given you the notice more than 4 months after you moved in
used Form 6A when giving notice, or a form which contains the same information
if there is a gas supply at the property given you a valid gas safety certificate from before you occupy the property and the current gas safety certificate (for tenancies granted on or after 1 October 2015)
given you an energy performance certificate (for tenancies granted on or after 1 October 2015)
given you the How to rent guide (for tenancies granted on or after 1 October 2015)
protected your deposit, where one was taken, in a government approved deposit protection scheme or returned it. They should also have given you the required information.
obtained or applied for a license if the property needed one. You can check with your local council if the property needed a licence. This does not apply if your landlord has applied for a temporary exemption.
returned the fees that they were not allowed to charge you. Refer to the Tenant Fees Act guidance for more information on the fees your landlord cannot charge you.

There are also restrictions on your landlord regaining possession under section 21 if they were served with an improvement notice or emergency remedial action notice in the six months before they served a section 21 notice. You should seek legal advice if this applies.

What happens next

If your landlord applies to court for a possession order, the court will send you information including a defence form. If you think that the Section 21 notice was not valid when it was given to you, or was not still valid immediately before 1 May 2026, you can state this in the defence form.

You can challenge the claim for possession in court and may be able to stay for longer in your home However, you may have to pay court costs if the court decides in your landlord’s favour.

See If your landlord has applied to court for more information.

If your landlord has applied to court

If you stayed in your home after the notice period expired, your landlord could apply to the court for a possession order to regain possession of the property. This is called making a possession claim. Your landlord had until 31 July 2026 or until the possession notice served before 1 May 2026 expired, if that was earlier, to apply to court.

What happens next 

When your landlord makes a possession claim, the court will send you paperwork. 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.

The court will:

send you copy of the landlord’s claim forms and a defence form
set a date for the possession hearing, if your landlord used a Section 8 notice. If your landlord used a section 21 notice they can apply to the court using the accelerated possession procedure which does not usually require a court hearing.

The defence form is your chance to contest your landlord’s claim. You need to return the defence form to the court within 14 days of service of the claim form. The judge will use the form to understand why you think you should remain in your home.

If your landlord used Section 21, you can also use the defence form to ask for a delay in possession of up to six weeks due to exceptional hardship. For example, if you have a serious illness or disability that makes it difficult to leave the property within 14 days.

If you have difficulty filling in the defence form, you can send the court a short statement explaining your circumstances and why the possession order should not be made.

You can also use the defence form to make a counterclaim. A counterclaim is when you tell the court that the landlord has broken the law or not followed the rules. For example:

if your tenancy deposit was not protected
if repairs were not made to the property
the landlord has discriminated against you

If you make a counterclaim you will need to pay a fee. The amount that you will have to pay depends on the details of the case.

If your landlord is using the accelerated process under section 21, the defence form is likely to be your only chance to contest the claim because there will not usually be a court hearing.

If your landlord used the Possession Claims Online process, the court will provide you with a username and password so you can login 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

Refer to Annex A: Further advice and support for information about where you can get help and support with filling in the defence form.

Possession hearings and orders

Court hearings for possessions are usually held in the county court that deals with the area where your property is located. You should let the court know as soon as possible if you have any special requirements. For example, if you need extra assistance to access the building or engage with the hearing.

Before attending a hearing, it is important that you know what to expect when coming to a court or tribunal.

You should bring any relevant paperwork to show the court, for example:

details of your income
the possession notice
the paperwork and documents sent to you by the court
any defence you sent to the court before the hearing
details of any government funded 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:

a copy of your tenancy agreement
bank statements showing money in your bank account
a letter about a new job or an increase in the hours you work
details of any pending benefit claims and documentation from DWP
proof that you have paid the rent and do not owe the amount that your landlord says you do
proof that the landlord did not serve you the correct notice or give the correct notice period
photos or videos of the condition of the property
letters or emails showing that the landlord has not taken your individual needs into account when communicating with you

You can find a legal adviser, such as a solicitor and bring them to represent you. You can also 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 (HLPAS).You should arrive at least 30 minutes before your hearing and speak to the court usher who will direct you to an 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.

Orders the judge can make

The judge can make an order telling you what you need to do next.

Order for possession (or ‘outright possession order’)

This means you must leave the property by the date given in the order.

Suspended order for possession

This means that you can stay in your property if you follow certain rules or conditions set out in the order.

Money order

This means you must pay your landlord a specified amount of money, as well as vacate the property if the money order is accompanied by a possession order.

Instead of making an order, a judge may:

adjourn the hearing, which means that the hearing will be delayed until later if the judge feels that a decision cannot be made on the day.
dismiss the case, which means that no possession order or money order will be made and the hearing is finished.

Read eviction court hearings for more information about the decisions a judge can make and how you can appeal.

Asking the court to set aside the possession order

If the judge makes a possession order, you can apply to have it cancelled (set aside) if you would have had a good chance of defending the landlord’s claim but were unable to do so. This includes if you missed the hearing due to a good reason such illness or a hospital appointment, or if you were unable to file a defence to an accelerated possession claim in time and no hearing took place.

You can apply by filling out Form N244. You’ll have to pay a court fee of £321 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 £126.

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.

If you do not leave the property

The landlord can apply to the court for a warrant or writ for possession if you:

stay in the property after the date specified in an outright possession order
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:

enter your home
evict you from the property

You will get an eviction notice with a date telling you when bailiffs will come and evict you. 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.

Applying to suspend the warrant or writ

You can apply to suspend the warrant or writ to delay or stop the eviction before the date of the eviction. A judge will not automatically agree to suspend the warrant. You will need to provide reasons for suspending or delaying the eviction.

You can apply to suspend a warrant or a writ of possession by filling in Form N244. This will cost £15, unless you qualify for help.

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. For further information, please refer to Annex A.

Reasons why a warrant or writ could be suspended

The circumstances in which a warrant or writ may be suspended include if:

your landlord has used a discretionary ground for seeking possession and suspending the bailiff’s warrant is reasonable
your landlord agrees to let you stay

What happens next

There will be a new hearing. If you do not have a legal adviser at the court hearing, you can get free legal advice and representation through the Housing Loss Prevention Advice Service (HLPAS). For more information about where to access support, see Annex A.

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 valid reason to stay, or that the eviction date should be delayed, then the eviction will proceed.

On the day of the eviction

Bailiffs and enforcement officers must not use violence or offensive language when evicting you and they must not damage your belongings. They cannot keep your belongings to pay for court costs or for rent that you owe, unless the court makes a separate order that says they can do this.

If you do leave personal belongings behind, your landlord will be responsible for making sure they are kept safe for a reasonable amount of time but not indefinitely. 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.

Annex A: further advice and support

The 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 regain possession of the property .

A legal adviser funded by the government will work with you to recommend potential solutions.

For example, they may be able to provide legal advice on:

illegal eviction
housing disrepair
rent arrears
welfare benefits payments, and
debt

Civil Legal Advice

You can have an initial discussion with an adviser to find out about the government funded 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 that can help you.

website: https://www.gov.uk/civil-legal-advice
phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
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.

Contact your local council

You can 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 get help

You can also get advice from Citizens Advice or Shelter if you were served with a section 8 or section 21 notice.

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.

Annex B: minimum notice periods under section 8 of the Housing Act 1988 in England

These grounds (reasons for the eviction) and the notice periods are only relevant if your landlord issued you a notice before 1 May 2026. The grounds and notice periods for notices served after 1 May 2026 have changed and are listed in the Guide to the Renters’ Rights Act.

If your landlord used multiple grounds for possession, the longest notice period will generally apply. For example, if they were to use ground 6 and ground 8, they would need to provide at least 2 months’ notice.

There is an exception for the antisocial behaviour grounds 7a and 14. If either of these grounds were used, the notice period for the antisocial behaviour ground would apply. If both grounds 7a and 14 are used, the notice period provided under ground 7a will apply.

Ground	Notice period
Mandatory (judge must award possession if ground met)
1: Landlord needs to move in	2 months
2: Mortgage repossession	2 months
3: Out of season holiday let	2 weeks
4: Let to student by an educational institution	2 weeks
5: Property required for use by minister of religion	2 months
6: Demolition / redevelopment	2 months
7: Death of tenant	2 months
7a: Serious antisocial behaviour	4 weeks (periodic tenancy) 1 month (fixed-term tenancy)
7b: No right to rent in the UK	2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings	2 weeks
Discretionary (judge can decide whether to award possession, if ground met)
9: Alternative accommodation available	2 months
10: Some rent arrears at the time of service of notice and possession proceedings	2 weeks
11: Persistent late payment of rent	2 weeks
12: Breach of tenancy agreement	2 weeks
13: Tenant deteriorated property	2 weeks
14: Nuisance/annoyance, illegal/immoral use of property	None – proceedings may be commenced immediately after service of notice
14A: Domestic abuse (social tenancies only – where victim has permanently left the property)	2 weeks
14ZA: Rioting	2 weeks
15: Tenant has deteriorated furniture	2 weeks
16: Employment	2 months
17: False statement	2 weeks

Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord

Applies to England