Repossessing your privately rented property on or after 1 May 2026

This guide explains the process a landlord must take when they serve an eviction notice on or after 1 May 2026.

This guide is to inform private landlords in England about how they can seek to take possession of their property through the courts on or after 1 May 2026. On this date, part 1 of the Renters’ Rights Act 2025 will come into force and landlords will not be able to use section 21 of the Housing Act 1988 to seek possession of their property.  

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.

This guidance is shared for information. There is a different guide if you intend to serve a possession notice before 1 May 2026. 

This guide is for people who let a property privately in England to tenants while living in another property. On and after 1 May 2026, most tenancies will be assured periodic tenancies. 

This guide does not cover: 

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

  • ‘resident landlords’ who let to lodgers 

  • furnished holiday lets (see the relevant tax rules for the definition of a furnished holiday let)  

  • possession claims against trespassers 

  • commercial lettings 

  • a tenancy where the annual rent exceeds £100,000 

However, this is not a full list. You should take legal advice if you are unsure if this guidance will apply to you. 

Separate guidance has been published about the possession action process in Northern Ireland, Scotland and Wales. 

Serving a notice of possession 

On and after 1 May 2026 you will only be able to give your tenant a notice under section 8 of the Housing Act 1988 to end the tenancy. This is often referred to as a section 8 notice or notice of possession. 

This means that you will need to have a reason, known as a ground for possession, to end the tenancy. You will need to use the grounds for possession which apply on and after 1 May 2026.  

Serving a section 8 notice 

On or after 1 May 2026, in the private rented sector, there will be a new section 8 notice which you should give your tenant if you want the tenant to leave and intend to seek possession of the property. This new form is called Form 3A. The social rented sector should continue to use Form 3. 

We will publish Form 3A before 1 May 2026. The relevant regulations will be published at Legislation.gov.uk. Form 3A and accompanying guidance will be published at GOV.UK. Direct links to the regulations and Form 3A will be provided in this guidance when they are published. 

It will be important to fill in your notice of possession (Form 3A) correctly. If you need to take court action, your claim could be dismissed or delayed if the notice of possession is incomplete or inaccurate.   

Information about the grounds for possession 

The grounds for possession will be either mandatory or discretionary: 

  • If a ground is mandatory, this means that the judge must give you a possession order if satisfied that the ground is made out.  

  • If a ground is discretionary, this means that it is up to the court to decide whether it is reasonable to give you a possession order - even when you have shown that there is evidence to prove the possession ground. 

You will need to give your tenant the right amount of notice for the grounds you have used.  

You will need to give evidence to the court to prove the grounds for possession if the tenant does not leave by the end of the notice period. 

There is a list of all of the grounds for possession which landlords must use on and after 1 May 2026. You will be required to write out the full wording of the grounds for possession you are using on the notice of possession (Form 3A). You will be able to find the full wording of each ground in a guidance document which will be published with Form 3A. 

Deposit protection rules 

To use most possession grounds, you will be required to show that: 

  • your tenant’s deposit was protected in a government-approved scheme 

  • you have complied with the requirements that applied to the scheme when you received the deposit 

  • you gave the tenant the required information about the deposit protection scheme, known as ‘prescribed information’  

The prescribed information you should give to a tenant includes: 

  • details of the protection scheme 

  • confirmation of the amount protected 

  • your contact details 

  • information on how the tenant can get their deposit back at the end of a tenancy 

If you cannot prove to the court that you have met the deposit protection requirements, or you have not returned the deposit, you can only use grounds 7A or 14 for antisocial behaviour. 

It is illegal to take a deposit in any form other than money. You will need to return any items you have taken from the tenant before you can obtain possession on any of the grounds. 

You will need to comply with the legal requirements for the particular possession grounds that you have used. For example, grounds 1 and 1A (moving in or selling) cannot be used until 12 months after the tenancy started. You can serve the notice of possession earlier, but the date in the notice must be after they have been in the property for 12 months. 

To use some of the possession grounds, you must have told the tenant at the start of the tenancy that you may use them. This is called giving your tenant ‘prior notice’. Some examples of grounds for which you must have provided prior notice include: 

  • the grounds for when the landlord’s lease is under a superior lease which is ending (grounds 2ZA and 2ZB) 

  • ground 4A for evicting students where the property is required for new students in line with an academic year. 

  • ground 5C for ending a tenancy which was connected with the tenant’s job, where the tenant’s job has ended or the purpose for which the accommodation was provided has ended and the landlord intends to provide the accommodation to another worker.  

You can find more information about the rules for individual grounds, including a full list of all of the grounds which will require prior notice, in the grounds for possession guidance. 

Making a claim for possession

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

On and after 1 May 2026, in the private rented sector, the county court possession process will be the same as the current section 8 process. A new digital possession service will be introduced at a later date and we will provide updated guidance. 

You will be able to use the following services to apply for a possession order: 

  • the Possession Claim Online Service (PCOL) if you are evicting your tenant only for owing you rent.
  • the paper-based service if you need to evict your tenant for another reason under section 8. 

You will need to: 

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

  • provide a copy of the section 8 notice you supplied to your tenant to the court as part of your application. You should keep a copy of the document for yourself once you have completed, signed and dated the notice

  • show the court that you gave the notice correctly and gave the right amount of notice to your tenant

Using the online service when a tenant owes you rent 

You will be able to use the 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 will be able to use the paper-based service if you prefer. 

Contact the PCOL help desk if you need help. 

Telephone: 0300 123 1057 - Monday to Friday 8:30am to 5pm Email: ccbc@justice.gov.uk 

Using the paper-based application process 

You will be able to use this method for any grounds you are using in your possession notice. You will need to fill in the paper standard possession claim form (N5) and the particulars of claim form (N119). A new version of Form N5 will be published before 1 May 2026. 

You will need to post, email or deliver the forms to the county court that covers housing in your area (see 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 provide an additional copy for each person. You should keep a copy of all documents sent for yourself. 

Sending documents to court by email 

If you send your claim by email, you will need to follow the rules on what you can send. 

  • 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.  

How to pay court fees 

It costs £404 to apply. To pay the 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 

  • pay by credit or debit card at the public counter of the court. You can arrange this with the court directly by finding the phone number and address of the court   

  • 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. Find out more about setting up a fee account. 

If you apply on the paper form you will be able to tell the court how you would prefer to pay. 

You can apply for help with court fees either online or via paper before you make a possession claim via paper. 

What will happen 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. 

What you need to do before the hearing 

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 

Most possession hearings will take place at the county court nearest to the property.  

You should: 

Providing evidence  

You must provide evidence to prove the grounds you’re using to seek possession. Depending on the ground(s) you used, this might include:  

  • a statement showing rent owed by the tenant 

  • evidence of antisocial behaviour, like witness statements or documents showing a serious offence or breach of a court order 

  • pictures showing damage to the property 

  • evidence that you intend to sell the property, which could include proof that you have instructed an estate agent 

  • evidence that the tenant has breached the terms of the tenancy agreement. For example, a copy of a property listing showing that the tenant has sublet the property 

There is guidance on the grounds for possession which you will have to use on and after 1 May 2026.

Hearing outcome 

At the court hearing the judge might: 

  • adjourn the hearing 

  • dismiss your claim 

  • make an outright possession order  

  • make a suspended possession order  

The judge may adjourn the case and arrange another date if: 

  • the judge decides that there is insufficient time to hear the case on the day 

  • the judge decides that more information is needed 

  • the tenant is unable to attend court for valid reasons, for example, they are in hospital

The judge may dismiss the case if: 

  • you have not followed the correct procedure 

  • you or your representative do not attend the hearing 

  • the judge decides that the ground has not been proved 

  • your tenants have paid rent that was owed 

If the judge dismisses the case, you: 

  • will not be given a possession order so will be unable to apply for enforcement  

  • 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 restart 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 certain amount towards what they owe each month.  

You will not be able to evict them if they meet the conditions. If they do not meet the conditions, you can apply to the court to issue a warrant for possession. A bailiff will be appointed to evict your tenant. 

Find out more about warrants and bailiffs.  

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 (how much rent a tenant owes you)

  • 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’s decision, 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 the 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 can use: 

  • form N325 if you have an outright possession order 

  • form N325A if you have a suspended possession order 

It costs £148 to apply. If you used the PCOL service to make your possession claim, you can request the warrant online. Otherwise, send the completed form and payment to the court that dealt with your case. 

You can apply for a warrant of possession up to 6 years after the possession order was made. If more than 6 years have passed, you will need the court’s permission before you can apply. You should get legal advice if this applies to you.  

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 and time 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 

  • bring a spare set of keys if you have them 

  • do not enter the property until the bailiff says you can 

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

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 your tenant applies to set aside the possession order 

Your tenant can apply to have the possession order set aside, if they were unable to defend the possession claim. For example, if they were away from home or unwell. The claim will remain open and the defendant can submit a defence.   

The court will normally set a hearing date and give at least 3 days’ notice. The court will send you a copy of the tenant’s application.  If you agree the order should be set aside, tell the court. If you do not agree that the order should be set aside and want to challenge the application, attend the hearing and consider getting legal advice. 

If your tenant asks for more time 

The tenant can apply to suspend the warrant. This means asking the court to delay the eviction. The court will notify you of the hearing date for this, and you should attend. 

A judge will decide if it’s lawful and reasonable to delay the eviction. The judge may  suspend the warrant if: 

  • you used a discretionary ground for possession 

  • you agree to let the tenant stay 

You should get get legal advice if the tenant applies to suspend the warrant.

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