How to Evict a Tenant in 2026: The Section 8 Process Explained

Evicting a tenant changed fundamentally in 2026. With 'no-fault' Section 21 evictions gone, every possession now needs a valid legal ground. Here's how the process works.

Step 1: Identify a valid ground

Since Section 21 was abolished on 1 May 2026, you can only seek possession using one of the grounds in Schedule 2 of the Housing Act 1988, as amended. These fall into mandatory grounds, where the court must order possession if proven, and discretionary grounds, where the court decides what is reasonable.

Step 2: Serve the correct notice

You serve a Section 8 notice stating the ground or grounds relied on and giving the correct notice period, which varies by ground. Serious rent arrears and anti-social behaviour carry shorter periods; grounds such as selling or moving into the property carry longer ones.

Step 3: Apply to court if needed

If the tenant does not leave by the date in the notice, you apply to the court for a possession order. You will need to prove your ground with evidence — for example a rent statement for arrears, or marketing evidence if you are selling.

Step 4: Enforcement

If the court grants possession and the tenant still does not leave, you can apply for a warrant so that county court bailiffs (or High Court enforcement officers) carry out the eviction. You must never try to remove a tenant yourself, which would be an unlawful eviction and a criminal offence.

The revised rent-arrears ground

• Ground 8 (mandatory) now requires three months' arrears, up from two
• The arrears must exist both when notice is served and at the hearing
• Universal Credit payment delays are excluded from the calculation
• The notice period for arrears grounds has been extended