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

Frequently asked questions

How long does the eviction process typically take now?

It varies by ground and whether the tenant contests it, but expect it to take longer than the old Section 21 route — you need a valid ground, correct notice, and often a court hearing before enforcement.

Can I still evict a tenant for no reason at all?

No — since Section 21 was abolished, every possession claim needs a specific ground from Schedule 2 of the Housing Act 1988, whether mandatory or discretionary.