Giving notice of possession to tenants before 1 May 2026

This guide explains the process a landlord must take when they served an eviction notice before 1 May 2026.

This guide is for private landlords in England who issued a section 8 or section 21 notice to tenants on an assured tenancy or an assured shorthold tenancy before 1 May 2026 and the notice(s) remain valid on 1 May 2026.

On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 will start. If you issue a notice on or after this date, you will need to refer to guidance on the possession process on or after 1 May 2026.

This guide does not cover: 

  • people on a licence to occupy (for example, those who live in tied accommodation related to their employment) 

  • holiday lets  

  • ‘resident landlords’ who let to lodgers 

Separate guidance has been published about repossessing your property in Northern Ireland, Scotland and Wales. 

This guidance does not apply to Private Registered Providers of social housing (PRPs). PRPs should refer to the current possession action guidance. The Renters’ Rights Act 2025 changes will only apply to PRPs from 2027.

Serving a notice of possession before 1 May 2026 

You will need to give the correct notice to your tenant before you can apply to the court to evict them.

Serving your tenant with a section 8 notice 

You can give your tenant a section 8 notice if you have a reason which corresponds with at least one ground for possession set out in schedule 2 to the Housing Act 1988. The grounds are summarised at annex A.  You must serve the notice of possession correctly before 1 May 2026. If you do not, the notice will not be valid and the court will not be able to grant a possession order. 

Section 8 notices which use the grounds for possession as they exist before 1 May 2026 (see annex A) cannot be served on tenants on or after 1 May 2026. To regain possession of your property on or after 1 May 2026, you will need to use the new possession process. You will need to follow the guidance for the possession process on or after 1 May 2026. 

For a section 8 notice to be valid: 

  • you must use Form 3 or a form to substantially the same effect and serve it on your tenants 

  • it must include the right amount of notice 

  • you need to set out fully the substance of the grounds on which you rely, it is best to do this by writing out in full the grounds in schedule 2 of the Housing Act 1988 which you are using to seek possession of your property 

Time limits for starting court action 

On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 will start. The tenancy reforms will create new grounds for possession. If you give a section 8 notice to your tenant before 1 May 2026, then on or after that date you can only use it to start court proceedings until whichever date comes first: 

  • 12 months after the date you give the notice 

  • 3 months beginning on 1 May 2026 

This limit is set by the Renters’ Rights Act 2025 and may give you less time to start court proceedings compared to the 12-month period shown on Form 3. You should check any notices you give to your tenants before 1 May 2026 to be sure when the period for issuing possession proceedings will expire.  

If the tenant is in a breathing space 

Your tenant may enter a breathing space, which gives them legal protection from creditors.  

If you have served notice on a rent arrears ground (grounds 8, 10 or 11) you cannot start court proceedings for possession whilst the tenant is in a breathing space. If the section 8 notice would have expired during this time or when the breathing space ends, you have less than 8 weeks before the notice expires, the time limit for asking the court to issue possession proceedings will be extended. In those circumstances you will have 8 weeks from the date that the breathing space ends to start court proceedings.  

Types of grounds for eviction 

You can use two types of grounds when asking the court to evict a tenant. Information about the possession grounds which are available before 1 May 2026 and the notice periods you must give to use them can be found at annex A

Mandatory grounds 

If you prove the ground applies, the judge must order the tenant to leave.  

Examples include: 

  • the tenant owes at least 8 weeks rent when the section 8 notice is served and at the time of the possession hearing 

  • the tenant has been convicted of antisocial behaviour 

Discretionary grounds 

If you prove the ground applies, the judge can order the tenant to leave, but only if they think it is reasonable to do so. For example, the tenant has allowed the property or the furniture to deteriorate. 

Serving your tenant with a section 21 notice 

The advice in this section of guidance applies to landlords who have given their tenant a fixed term at the start of the tenancy, typically of 6 or 12 months. At the end of the fixed term, the tenancy will roll over on a monthly basis, this is known as a statutory periodic tenancy.  

If you have had a periodic or rolling agreement in place with your tenant from the start of the tenancy, you should seek legal advice about serving a section 21 notice and when this notice expires. You should also seek your own legal advice about serving a section 21 notice if you have given a contractual periodic tenancy at the end of a fixed term. 

On or after 1 May 2026 the tenancy reforms of the Renters’ Rights Act 2025 will be in place. Section 21 evictions will be removed for existing and new tenancies under the new system.  

If you give a section 21 notice to your tenant before 1 May 2026, then on and after this date you can only use it to start court proceedings until whichever date comes first: 

  • 6 months after the date you gave the notice

  • 3 months beginning on 1 May 2026 

This limit is set by the Renters’ Rights Act 2025 and may shorten the time to start court proceedings compared to the 6-months period shown on the form.

You should check any notices you give to your tenant before 1 May 2026 to be sure when the period for issuing proceedings will expire. 

If the earliest date that possession proceedings can begin in your notice is on or after 1 August 2026, it will be invalid for the purposes of issuing possession proceedings.  

In addition, your section 21 notice will only be valid if the tenancy is eligible:

  • your tenant has an assured shorthold tenancy  

  • on the date you give the notice at least 4 months have passed since the tenancy started  

If you start an assured shorthold tenancy on or after 1 January 2026 you will not be able to serve a section 21 notice to bring it to an end. You will not have time to serve a section 21 notice before the tenancy reforms of the Renters’ Rights Act 2025 prevent you from doing so. 

You give notice under section 21 and give the correct notice period

  • you give notice under section 21 (form 6A is the form prescribed for this purpose) 

  • you need to give at least 2 months’ notice   

You have not recently received an improvement notice or notice of emergency remedial action from the council

  • you did not receive an improvement notice or notice of emergency remedial works from the council in the last 6 months  

  • if you received an improvement or notice of emergency remedial action notice, you must also have carried out the repairs before giving your tenants a section 21 notice 

  • if you gave notice before the council issued an improvement notice or notice of emergency remedial action, your section 21 notice may still be valid 

If you received an improvement notice or notice of emergency remedial action from the council on or after 1 November 2025 you will not usually be able to give your tenants a section 21 notice.

The operation of the Renters Rights Act 2025 will prevent you from issuing a section 21 notice. An exception to this is if the improvement notice or notice of emergency remedial action is quashed, for example, on appeal, before 1 May 2026. 

You refunded any unlawful charges

  • you repaid or properly accounted for any prohibited payments you took  

  • the law says that you are only allowed to take certain permitted payments. These are set out in the Tenant Fees Act 2019 guidance for landlords 

You protected the tenant’s deposit

You provided the following documents:

  • a valid gas safety certificate (if there’s a gas supply) 

  • an Energy Performance Certificate (EPC) 

  • the correct version of the ‘How to rent’ guide at the time the tenancy began or was renewed 

You received or applied for a licence for the property from the local council, if the property needed one.

Providing proof of service 

You will need to show the court that you served notice correctly and gave the right amount of notice. This will help the judge to decide whether to grant a possession order. 

You will need to keep a copy of the notice for yourself if you wish to apply to the court for possession. 

You can fill out a certificate of service (N215) form and include that in the paperwork you send to the court. 

Making a claim for possession 

If your tenant has not left by the date in the notice, you can apply to the court for a possession order to evict them.  

If you are evicting a tenant under section 8, you will need to use the standard possession process. Depending on the reason you want to evict your tenant, you can use an online service or a paper-based service. 

If you are evicting a tenant under section 21, you can use the accelerated possession process or the standard possession process.  

Standard possession claims 

If you make a possession claim using the standard process, there will be a court hearing which you will need to attend. You will need to use the standard process if you are seeking to evict your tenant under section 8. 

You can use the online service if you are evicting your tenant only for owing you rent. You will need to use the paper-based service if you need to evict your tenant for another reason under section 8. For example, if: 

  • you need to move into your property 

  • your tenant has broken the terms of the tenancy agreement 

  • your tenant is engaging in antisocial behaviour 

See annex A for a full list of grounds for eviction. 

Both the paper-based and online services cost £404. 

Using the paper-based application process 

You must complete the forms accurately and include the correct evidence to support your claim. If you do not, you may have to start the process again. 

Fill in the paper standard possession claim form (N5) and the particulars of claim form (N119). You should post, email or deliver it to the county court that covers housing in your area. You can find the details online on the courts and tribunal website. You can also include a certificate of service (N215) form to give details about who you served notice on and how and when you did this.  

You must give the court at least one extra copy of each of the documents. The court will send these to your tenant. If the tenancy is in joint names, you will need to send an additional copy for each person. You should keep a copy for yourself.  

Sending documents to court by email 

If you send your claim by email: 

  • you can only send one email 

  • it must not be bigger than 10 megabytes including attachments 

  • the email and attachments must not be longer than 25 pages when printed 

Using the online service when a tenant owes you rent 

You can use the Possession Claim Online Service (PCOL), if you are only evicting your tenant for owing you rent.  

The service lets you fill in court forms online and you can see your claim progress. You will need to give proof of payments due and received for up to a maximum of two years. 

You can use the paper based service if you prefer. 

Contact the PCOL help desk if you need help or advice. 

Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm Email: PCOLITassistance@justice.gov.uk 

What happens next  

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  

If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted.  

The court will send you a copy of their defence, and you may want to seek legal advice.  

Accelerated possession claims 

An accelerated possession claim lets you evict a tenant more quickly than the standard process. You will not usually need to go to a hearing. 

You can apply for an accelerated possession order if your tenants have not left by the date in your section 21 notice. It costs £404.  

You will not usually be able to start court proceedings using section 21 on or after 1 August 2026. You won’t usually be able to apply for an accelerated possession order on or after this date. If you do, your claim is likely to be dismissed. 

You cannot claim for rent arrears within the accelerated procedure. If you want to claim for rent arrears you will need to either use the standard procedure or use the accelerated process and apply for a separate money order from the court to claim the rent arrears. 

In most cases, the judge will decide whether to make a possession order based on the documents you and your tenant have sent. Neither you nor your tenant will need to attend court. There will only be a hearing if your tenant contests the claim and the judge feels it is appropriate to consider your tenant’s defence.  

How to apply for an accelerated possession claim 

  1. Download and fill in form N5B (for properties in England).

  2. Send the completed form to the county court that covers the area where your property is. Find a court or tribunal. Include a copy of the form and any supporting documents for each person on the tenancy, and anyone else with an interest in the property.

  3. Pay the court fee- see How to pay court fees below.  

  4. Keep a copy of everything for your own records.

What happens next 

The court will: 

  • send your tenant a copy of your application and any other documents 

  • give them 14 days to respond 

  • send you a notice of issue with your claim number, you should keep this safe for future correspondence  

If your tenant does not respond within the time allowed  

If your tenant does not respond within 14 days, you should fill in the bottom of the form the court sent to you and return it. This is known as the ‘written request for a possession order’. You need to send this to the court to request a possession order. A judge will then review your case and may make a possession order. 

A judge will decide either to: 

  • make a decision on the papers, normally without a hearing

  • have a court hearing. This usually only happens if your tenants raise a defence, or ask for more time to leave 

If your tenant sends a defence 

They may explain why they think they should not be evicted. In this case: 

  • the court will send you a copy of their defence 

  • a hearing date is likely to be set 

  • you may want to get legal advice 

If your tenant agrees to leave but needs more time 

They can ask the court for extra time to move out if leaving the property quickly would cause them exceptional hardship. For example, if they: 

  • have been in hospital 

  • are seriously ill 

  • have a disability and need an adapted home 

You will be sent a copy of their request. If you agree, write to the court to confirm. 

A judge may: 

  • give the tenant up to 6 weeks to leave 

  • set a hearing to consider their defence 

How to pay court fees 

You can apply for help with court fees either online or via paper.  

To pay the court fee you can: 

  • send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed paperwork 

  • pay by credit or debit card over the phone by giving your telephone number in your email or covering letter 

  • if you have set up a fee account with HM Courts and Tribunal Service, you can ask the court to charge the fee to this account. 

Fee accounts are for people who pay more than 12 court fees a year.  It helps fees to be paid quickly. Find out more about setting up a fee account.

What you need to do before the hearing 

For section 8 and section 21 cases where you have used the standard possession procedure, there will always be a possession hearing. In accelerated section 21 cases, where the judge is not satisfied on the papers that a possession order should be made, there will be a hearing. For example, if a judge needs to consider the tenant’s defence. The court will tell you the date of the hearing and give you extra information if needed. 

At least 14 days before the hearing, you should send a copy of all case documents to the court at the address provided: 

  • include the claim form (N5) and particulars of claim form (N119) 

  • include any other documents and statements you want to submit to the court to support your claim 

  • include a copy of the tenant’s defence if they submitted one 

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 copies of the relevant paperwork to the possession hearing.  

Before the possession 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 

  • If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted. 

The court will send you a copy of their defence, and you may want to seek legal advice. 

At the hearing the judge might: 

  • 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 order will be made and the hearing will end 

  • make a ‘possession order’ - the judge will make a ruling on whether your tenant should leave your property or whether they can stay subject to conditions 

The judge will dismiss the case if there’s no reason your tenants 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 tenants have paid any rent that was owed 

If the judge dismisses the case, you:

  • will not be able to apply for enforcement. Your tenants will be able to stay in the property
  • may be ordered to pay the tenant’s legal costs to defend the claim

Depending on the reason for dismissal, you may be able to continue to seek possession but you will have to re-start the possession process. You may want to get legal advice first.

Possession orders

The judge can make different kinds of possession order.

Outright possession order

This order requires your tenant to leave your property by the date in the order.

The date your tenants must leave your property depends on the reason why the court has made the order for possession. If you used a mandatory ground the date will usually be within 14 days of the order being made.

The judge:

  • may allow your tenant up to 6 weeks to leave the property if the tenant would suffer extreme hardship if they had to leave earlier
  • can delay the eviction for longer if you used a discretionary ground

Suspended orders for possession

A suspended order gives a date for possession and conditions which your tenant must meet to avoid eviction. For example, they might have to pay the rent plus a stated amount towards what they owe each month.

So long as your tenant keeps to the conditions, you will not be able to evict them. If your tenant does not stick to the conditions, you can ask the court to issue a ‘warrant for possession’. A bailiff will be appointed to evict your tenant.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means your tenant owes a specific amount of money, usually made up of:

  • rent arrears
  • court fees
  • your legal costs

Money order

A money order alone means your tenant must pay you an amount decided by the court, but they do not have to leave the property. You can apply to court to enforce the money order if they do not make the payments.

If the tenant does not pay, you may be able to ask the court to enforce a possession order with a money judgment or a money order by:

  • deducting money from the tenants’ wages or bank account
  • sending bailiffs to recover the debt, which could include taking away belongings to cover the amount owed

If you want to evict your tenant and only a money order was made, you will need to reapply to court for a possession order.

Appealing against the decision

If you do not agree with the judge, you may be able to appeal against the decision if you have legal grounds.

For example, if the court:

  • made a serious legal mistake
  • did not follow the correct process

At the end of the hearing, you should ask the judge for the reasons for their decision and for permission to appeal. If the judge does not give you permission you will need to apply to a higher court for permission, you can ask for it as part of your notice of appeal.

You will usually have 21 days to appeal. You should seek legal advice as soon as possible if you want to do this.

Warrants and bailiffs 

You will need to apply for a warrant of possession if: 

  • you have an outright possession order, and the tenant does not leave by the date in the order

  • the tenant breaks the conditions of a suspended possession order

  • you still want the tenant to leave 

You should use: 

  • Form N325 if you have an outright possession order 

  • Form N325A if you have a suspended possession order 

It costs £148 to apply. You can request the warrant through the online possession claim service if you used it to make a claim for possession. Otherwise, send your form and payment to the court that handled your claim. 

Transferring the warrant to the High Court 

You can apply to transfer your case to the High Court for faster enforcement, but it will cost more. 

You will need permission from the county court using form N244 (unless already granted, in which case you should use form N293A). You will get a writ of possession instead of a warrant, which allows High Court enforcement officers to evict your tenant. 

It costs £123 to apply for a transfer and £80 to seal the writ (plus High Court enforcement fees). 

After the warrant is issued 

The court will: 

  • confirm in writing that the warrant has been issued 

  • send you form EX96 with the bailiff appointment date and time 

  • send you a risk assessment form (EX97A)  

The court will send your tenant an eviction notice with the date of the eviction appointment. They must provide at least 14 days’ notice. 

You must send back forms EX96 and EX97A at least 3 working days before the eviction appointment. 

When filling out the risk assessment, include as much detail as possible. The eviction may be delayed if you return the forms late or do not give accurate information about any risks. 

On the day of eviction: 

  • meet the bailiff outside the property, with spare keys if you have them 

  • do not enter until the bailiff says you can 

  • you may want to bring a locksmith to help gain entry and change locks after the eviction 

You are responsible for any pets or belongings left behind in the property. 

County court bailiffs cannot help you recover rent arrears or money for damage to your property. To recover money, you will need to make a separate money claim. If you do not know the tenant’s address you may need to use a tracing service to find them. 

If the tenant asks for more time or applies to set aside the possession order 

The tenant may apply to suspend the warrant. A tenant can also ask the court to set aside the possession order.  If they do, there will be a court hearing and you should attend. The judge will decide if it’s lawful and reasonable to delay or stop the eviction. 

You should get legal advice if the tenant: 

  • applies to suspend the warrant 

  • applies to set aside the possession order 

Why a possession order may be set aside or a warrant for possession may be suspended 

The circumstances in which a possession order may be set aside or a warrant for possession suspended include: 

  • if the section 21 notice was invalid The court may set aside a possession order if accelerated possession proceedings were used and the section 21 notice was invalid.

  • if the tenant couldn’t attend the original court hearing 

The tenant can apply for the court decision to be set aside if they: 

  • had a good reason for missing the court hearing 

  • applied to have the order set aside as soon as they knew that the court had made a possession order

  • would have had a good chance of persuading the court not to make the possession order if they had attended

  • if suspending the bailiff’s warrant is reasonable  If a discretionary ground was used, the court can suspend the bailiff’s warrant if they decide it is reasonable to do so.

  • if you agree to let your tenant stay  If, after discussion with your tenant you decide not to pursue the eviction and let them stay in their home, the tenant can make an application for the warrant to be suspended. 

You can contact us using this form if you have any questions. If there is a technical problem with the page, you can report it at the bottom of this page.

Annex A: Grounds of possession and minimum notice period lengths under section 8 of the Housing Act 1988 in England before 1 May 2026

These grounds or reasons for the eviction and the notice periods are only relevant if you issued a notice before 1 May 2026. The grounds and notice periods for notices served on or after 1 May 2026 have changed and are available on the grounds for possession guidance. 

If you are using multiple grounds for possession, the longest notice period will generally apply. For example, to serve notice using ground 6 and ground 8, you would need to provide at least 2 months’ notice. 

There is an exception for the anti-social behaviour grounds 7a and 14. If either of these grounds are 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 anti-social 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