How Do You Evict a Tenant in 2026? 

Wondering how do you evict a tenant legally after the Renters’ Rights Act? 

Many landlords like you are asking this question, as they are keen to get the process right – and avoid any of the new penalties associated with the new rules. If eviction becomes necessary, the rules will allow you to take action, though without the traditional Section 21 process and more time spent at court. 

The eviction landscape has thoroughly changed significantly following the Renters’ Rights Act 2025, which abolished Section 21 ‘no-fault’ evictions on 1^st  May 2026. All landlords must now follow correct procedures under Section 8 of the Housing Act 1988, providing a valid legal reason to regain possession of their property. 

But don’t worry, we’ll walk you through the new timescales, processes and costs associated with tenant eviction after the Renters Rights Bill. 

Understanding the Current Eviction Framework 

Since 1 May 2026, all assured shorthold tenancies in England have automatically converted to assured periodic tenancies with no fixed end date (unlike in the past). This means landlords can’t wait for a tenancy to expire and ask their tenant to leave. Instead, you must serve a section 8 notice, which requires you to cite specific grounds for eviction set out in Schedule 2 of the Housing Act 1988. 

The law divides the grounds for eviction into two categories: 

• Mandatory grounds (where the court must grant possession if the ground is proven) and  
• Discretionary grounds (where the court decides whether it’s reasonable to grant possession).  

Whichever one is applicable to you, the outcome now depends upon the evidence you show to the courts – and their ruling on the matter. 

How Will I Evict a Tenant Without Section 21? 

This is one of the most common questions landlords now face. With Section 21 no longer available, the sole route to regain possession is through Section 8. In practice, this means you’ll ned to choose the right ground, serving the correct notice (with notice period), and pursue the matter through the courts if the tenant refuses to leave. 

Here is a quick overview of the common grounds for repossession – though there are many others which are sometimes used (see here): 

It is worth saying that you must protect your tenant’s deposit before applying for any of these eviction grounds by putting it under a government-approved scheme. Failure to comply with deposit protection rules can result in your case being dismissed. 

The Step-by-Step Eviction Process (after Renters Rights Act) 

1. Step 1: Review the tenancy agreement. Before acting, check your tenancy agreement for relevant clauses and confirm which ground applies to your situation. Ensure all your legal obligations as a landlord have been met, including gas safety certificates, EPCs, and deposit protection. 
2. Step 2: Serve a Section 8 notice. You must serve the tenant with a valid Section 8 notice using the prescribed form (Form 3), specifying the ground – or grounds – relied upon. The notice period varies depending on the ground, as outlined in the table above. 
3. Step 3: Wait for the notice period to expire. The tenant may choose to resolve the issue during this period, for example, by clearing arrears or addressing the breach. If so, this is great news for you! However, if the tenant does not leave by the notice date, you can proceed to court. 
4. Step 4: Apply to the court for a possession order. You will need to apply to the court for a possession order. This can be done online for rent arrears cases at a cost of £404, or by paper application for other grounds. The court will schedule a hearing, where both you and the tenant will have to present your cases. 
5. Step 5: Obtain a possession order. If the court is satisfied that the ground is proven, it will grant a possession order, typically giving the tenant 14 days to leave the property for mandatory grounds such as for arrears (or up to 42 days in cases of exceptional hardship). However, it’s also possible for the judge to make other ‘orders’, such as for the tenant to stay if they meet certain payment conditions (suspended possession order), or to settle by paying you an amount of money (money order). 
6. Step 6: Apply for a warrant of possession (if needed). If the tenant does not leave after the possession order, you must apply for a warrant for county court bailiffs (£148) or transfer the case to the High Court for enforcement. It’s worth saying that even at this moment, you can’t change the locks or forcibly remove the tenant yourself. 

How Long Can It Take to Evict a Tenant? 

One of the biggest frustrations for landlords is the time involved. How long can it take to evict a tenant depends on the ground used, whether the tenant contests the claim, and local court backlogs. 

Here is an approximate breakdown of typical timescales: 

The biggest takeaway is this: eviction takes a long, long time even if you have performed your duties as a landlord perfectly. Equally, eviction should be considered as a last resort for this exact reason. Unless you’re sure that there are no other solutions, then eviction is to be avoided or negotiated to avoid lengthy delays such as these. 

Speaking of delays, these are most common where tenants dispute the claim, if paperwork contains errors, or where courts are under significant pressure. Cases involving discretionary grounds usually take longer, as the judge must weigh reasonableness. 

How Much Does It Cost to Evict a Tenant? 

It’s important to gain a sense of how much eviction costs. However, perhaps more importantly, you need to know it’s expensive. Costs will always vary from case to case, while some fixed costs will always be present (e.g. application for possession orders). However, the money involved is a particular headache for landlords in any case that proceeds to court. 

Here is an approximate overview of evictions costs – though these will vary: 

Many landlords opt for High Court enforcement despite the higher cost because the process is significantly faster. 

It is worth noting that while the court may order the tenant to contribute towards your costs, recovering money from a tenant who cannot or will not pay can be extremely difficult in practice. 

Tips for a Smooth Eviction Process 

Eviction is never easy, but there are ways to keep your costs down throughout the process. 

• Keep meticulous rent records. If your case relies on rent arrears, you will need to demonstrate exactly what is owed and when payments were missed. A well-documented trail strengthens your position significantly. 
• Serve notice correctly. An invalid notice is one of the most common reasons for possession claims being dismissed. Use the correct prescribed form, specify the right ground, and ensure it is properly served. 
• Seek professional advice early. Given the complexity of the post-Section 21 landscape, instructing a solicitor or specialist eviction service before you serve notice can prevent costly mistakes. 
• Consider communication first. In some cases, a frank conversation with the tenant can resolve issues without court involvement. Tenants facing temporary financial difficulty may agree a repayment plan, while others may agree to vacate voluntarily once they understand the situation. 

Frequently Asked Questions

Need help with property lettings? 

Navigating the eviction process can be complex, and the consequences of getting it wrong are costly. If you’re a landlord seeking guidance on your rights and options, the team at Partridge Homes is here to help. We can find you excellent tenants who are fully vetted, helping you avoid the costly scenario of eviction in the future.