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.
Applies to England
If you gave notice of possession to your tenants before 1 May 2026
This guide is for private landlords in England who issued their tenants with a valid section 8 or section 21 notice on or before 30 April 2026, where that notice remained valid immediately before 1 May 2026. It applies to alltenants assuredon tenanciesan other than assured tenanciestenancy of social housing where the landlord is a private registered provider.
This guidance is aimed at landlords who served a section 8 or sectionan 21assured noticeshorthold validtenancy immediately before 1 May 2026 and applied to the courtnotice(s) forremain avalid possessionimmediately order on or before 311 JulyMay 2026. This guidance covers your rights and responsibilities during the court process.
YouThe cantenancy noreforms longerof apply for a possession order using a section 8 or section 21 notice which you gave to your tenant before 1 May 2026. 31 July 2026 was the lastRenters’ dateRights onAct which2025 youstart could make an application. If you asked the court to issue a claim form on or before 31 July, however, the case will continue until proceedings have concluded.
You can no longer issue section 21 notices for existing and new tenancies from 1 May 2026. If you issued a section 8 notice using one of the grounds as they existed on andor after 1this May,date, you will need to refer to the guidance on the possession process on or after 1 May 2026. You can no longer use section 21 evictions for existing and new tenancies from 1 May 2026.
This guide does not cover:cover:
people on a licence to occupy (for example, those who live in tied accommodation related to their employment)
employment)- furnished
‘resident landlords’ who let to lodgers
Separate guidance has been published about repossessing your property in Northern Ireland, Scotland and Wales.Wales.
This guidance does not apply to Private Registered Providers of social housing (PRPs). See the guidance for private rented providers of social housing. The Renters’ Rights Act 2025 changes will only apply to PRPs from 2027 at the earliest.2027.
Serving a notice of possession before 1 May 20262026
You must have given yourthe tenantcorrect anotice validto noticeyour whichtenant wasbefore stillyou validcan immediatelyapply beforeto 1the Maycourt 2026.to evict them. If youyou did didnot not,give theenough notice courtto willyour nottenant, beyou ablewill need to grantrestart athe possession orderprocess. basedRead onthe sectionpossession 21process on or theafter section1 8May grounds2026 asguidance theyfor existedmore beforeinformation.
Serving 1your Maytenant 2026.with a section 8 notice
If you stillgave wantyour totenant regaina possessionsection of8 yournotice property,before 1 May, you will need to startuse the possessiongrounds processsummarised againat annex A.
You usingmust thehave sectionserved 8the groundsnotice availableof onpossession andcorrectly sincebefore 1 May 2026.
If you serveddid yournot, tenantthe withnotice will not be valid and the court will not be able to grant a sectionpossession order.
Section 8 noticenotices which used the grounds for possession as they existed before 1 May 2026 (see annex A) cannot be served on tenants on or after 1 May 2026.
ForIf theyou sectiongave your tenant a section 8 notice tobefore be1 validMay, atyou will need to use the pointgrounds itsummarised at annex wasA.
For givena section 8 notice to thebe tenant(s):valid:
you must have given
usednotice to your tenants using formForm3 or a form substantially tosubstantiallythe same effectandserveditonyourtenantsit must have included at least the minimum
rightamount of noticenoticeyou must
neededhavetoexplainedsettheoutgroundsfullyyouthearesubstanceusingofand the reasonsgroundswhyontheywhichapply.youYoureliedmustandhavetheusedreasonsatwhyleastyouonethoughtof the groundsgroundsummarised at annex Aapplied.
Time limits for starting court actionaction
On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 started. The tenancy reforms created new grounds for possession. If you gave a section 8 notice to your tenant before 1 May 2026, whichthen wason stillor validafter immediatelythat beforedate 1 May 2026, you can only haveuse used it to start court proceedings untilup to and including whichever date camecomes first:first:
12 months after the date you gave the notice, or
notice- 31
3Julymonthsbeginningonthe1May2026
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 gave 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
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 gave to your tenants before 1 May 2026 to be sure when the period for issuing possession proceedings will expire.
Your tenant may haveenter entered a breathing space, which gives them legal protection from creditors.creditors.
If youryou tenantserved isnotice inon a breathingrent space,arrears youground cannot(grounds start8, the10 courtor process11) toyou getcannot yourstart propertycourt backproceedings iffor youpossession servedwhilst noticethe on your tenant usingis groundsin 8,a 10breathing orspace. 11 because they owed rent. If the section 8 notice would have otherwise expired whilstduring yourthis tenanttime, was in the breathing space, or if 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,circumstances you will have 8 weeks beginningfrom with the date that the breathing space ends to ask the court to start court proceedings.
If
Types theof abovegrounds appliesfor ineviction
You yourcan case,use whentwo thetypes breathingof spacegrounds endswhen youasking maythe stillcourt beto ableevict toa starttenant. courtInformation proceedingsabout usingthe apossession sectiongrounds 8which noticewere servedavailable before 1 May 2026 .2026 However,and youthe shouldnotice takeperiods legalyou advicemust abouthave yourgiven individualto circumstances.
Typesuse ofthem grounds for eviction
You can usebe twofound typesat ofannex grounds when asking the court to grant a possession order.A
Mandatory grounds
If you prove the ground applies, the judge must order the tenant to leave.leave.
Examples include:include:
the tenant owes at least 8 weeks rent when the section 8 notice is served and at the time of the possession hearing
hearingthe tenant has been convicted of antisocial behaviour
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.deteriorate.
Serving your tenant with a section 21 notice
InformationThe aboutadvice in this section of guidance applies to landlords who gave their tenant a fixed term at the possessionstart groundsof whichthe weretenancy, availabletypically beforeof 16 Mayor 202612 canmonths. For the Section 21 notice to be foundvalid, atyou can only have required Annexyour A.tenants to leave at or after the end of their fixed term. You must have given them the notice before 1 May 2026.
If you servedhad a periodic or rolling agreement in place with your tenant withfrom the start of the tenancy and served a section 2121, you should seek legal advice about when this notice beforeexpires. 1You Mayshould 2026
Landlordsalso canseek noyour longerown applylegal toadvice if you have gave a contractual periodic tenancy at the courtend forof a possessionfixed orderterm usingand served a section 21 notice.notice.
Since 1 May 2026 section 21 evictions have been removed for existing and new tenancies under the Renters’ Rights Act 2026.
If you gave a section 21 notice to your tenant before 1 May 2026, then you mustcan haveonly useduse it to start court proceedings byup to and including whichever date camecomes first:first:
the time left on the notice
31 July 2026
This limit is set by the Renters’ Rights Act 2025 and may shorten the time to start court proceedings compared to the time periods shown on the form.
You should check any notices you gave 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 couldcan havebegin begun in your notice wasis on or after 1 August 2026, you cannot use the notice towill applybe toinvalid courtfor tothe getpurposes yourof propertyissuing back.possession proceedings.
The
In courtaddition, willyour onlysection be21 ablenotice towill grantonly possessionbe valid if you meet the followingtenancy requirements:is eligible:
your tenant had an assured shorthold tenancy
onthedateyou gave the notice ofatpossessionleaston4ormonthsbeforehad30passedAprilsince2026- the tenancy
started
If you started atan leastassured 4shorthold monthstenancy on or after 1 January 2026 you will not have been able to serve a section 21 notice to bring it to an end. You will not have had time to serve a section 21 notice before the datetenancy reforms of the Renters’ Rights Act 2025 prevented you from doing so.
You gave notice under section 21 and give the correct notice period
you gave notice under section 21 using
(form 6A orisatheform substantiallyprescribedtoforthethissame effectpurpose)you gave
neededtogiveat least the2minimummonths’requirednoticeamount
You ofhad not recently received an improvement notice or notice of emergency remedial action from the council
you repaid
didanynotpaymentsreceivethatanshouldimprovementnotnoticehaveorbeennoticetakenoffromemergencyyourremedialtenant,worksasfromsettheoutcouncilin the Tenant6Feesmonths beforeActyou2019gavebeforethe section21noticeifyou servedreceivedanimprovementornoticeofemergencyremedialactionnotice,youmustalsohavecarriedouttherepairsbeforegivingyourtenantsasection 21 noticenoticeif you took
gaveanoticedeposit,beforeyoutheputcouncilthisissuedinanaimprovementgovernment-approvednoticescheme,orcompliednoticewithoftheemergencyrequirementsremedialofaction,theyourschemesectionwhen21noticemaystillbevalid
If you received thean deposit andimprovement gavenotice or notice of emergency remedial action from the tenantcouncil the requiredon informationor aboutafter tenancy1 depositNovember protection
An certificateexception (ifto there’sthis ais gasif supply)the improvement notice or notice of emergency remedial action was quashed, for example, on appeal, before 1 May 2026.
You refunded any unlawful charges
you gave
repaidyourortenantproperlyanaccountedEnergyforPerformanceanyCertificateprohibited(EPC)paymentsyoutooktheTenantFeesActsaysthatyou gaveareyouronlytenantallowedtotakecertainpermittedpayments.Whencheckingthe ‘Howvaliditytoof yourrent’sectionguide.21Younotice,mustyouhaveshouldgivendisregardyourthetenantchangemadebythe mostRenter’supRightsAct2025to datethe permittedversionpayments
You ofprotected the guidetenant’s whendeposit
- you gaveput itthe todeposit themin a government-approved scheme
- you
you compliedreceivedwith theorrequirements of theappliedschemeforwhenayoulicencereceivedfor the propertydeposit youfromgavethe localtenantcouncil,theifrequiredtheinformationpropertyaboutneededtenancyone.depositprotection
ThereYou areprovided alsothe restrictionsfollowing ondocuments:
aregainingvalidpossessiongasundersafetysectioncertificate21(ififthere’syouaweregasservedsupply)anwithEnergyanPerformanceimprovementCertificatenotice(EPC)theorcorrectemergencyversionremedialofactionthenotice‘Howintorent’guideatthe sixtimemonthsthebeforetenancyyoubeganservedorwasrenewed
You received or applied for a sectionlicence 21for notice.the Youproperty shouldfrom seekthe legallocal advicecouncil, if thisthe appliesproperty toneeded you.one.
Providing proof thatof you gave the noticeservice
You will need to show the court that you served notice correctly and gave at least the minimumright amount of notice. This will help the judge to decide whether to grant a possession order.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 itto 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 withfor youra application.possession order to evict them.
If you madeare evicting a claimtenant forunder section 8, you will need to use the standard possession process. Depending on the reason you want to getevict your propertytenant, backyou can use an online service or a paper-based service.
ThisIf you are evicting a tenant under section of21, you can use the guidanceaccelerated providespossession informationprocess aboutor the standard possession processprocess.
Standard forpossession landlordsclaims
If whoyou appliedgave toyour thetenant a section court21 notice, foror a section a8 notice before possession1 orderMay on2026, oryou beforewill 31not Julyusually be able to make a standard possession claim on or after 1 August 2026. If you gavedo, your tenantclaim is likely to be dismissed.
If you make a sectionpossession 21claim orusing sectionthe 8standard noticeprocess, beforethere 1will Maybe 2026,a itcourt ishearing nowwhich tooyou latewill need to useattend. itYou towill applyneed to courtuse the standard process if you haven’tare doneseeking soto already.evict your tenant under section 8.
You can getuse legalthe adviceonline service if you are evicting your tenant only for owing you rent. You will need to seeuse the paper-based service if thisyou appliesneed to you.evict your tenant for another reason under section 8. For example, if:
If
youneedtomoveintoyourpropertyyourtenanthasbrokenthe judgetermsdoesofnotthemaketenancyagreementyourtenantisengaginginantisocialbehaviour
See annex A for a possessionfull orderlist of grounds for eviction.
Both the paper-based and youronline claimservices iscost dismissed,£415.
Using the tenancypaper-based willapplication becomeprocess
You anmust assuredcomplete periodicthe tenancyforms accurately and include the correct evidence to support your claim. If you willdo not, you may have newto legalstart rightsthe andprocess obligationsagain.
Fill underin the Renters’paper Rightsstandard Actpossession 2025.claim Thisform will(N5) applyand fromthe particulars of claim form (N119). You should post, email or deliver it to the datecounty court that thecovers claimhousing isin dismissed.your Readarea. You can find the guidancedetails online on assuredthe periodiccourts tenanciesand fortribunal more informationwebsite.
Standard possessionYou claims
Ifcan youalso madeinclude a possessioncertificate claimof usingservice (N215) form to give details about who you served notice on and how and when you did this.
You must give the standardcourt process,at usingleast Formone N5,extra therecopy willof beeach aof the documents. The court hearingwill whichsend these to your tenant. If the tenancy is in joint names, you will need to attend.send an additional copy for each person. You should keep a copy for yourself.
Sending documents to court by email
If you usedsend your claim by email:
youcanonlysendoneemailitmustnotbebiggerthan10megabytesincludingattachmentsthe
emailandattachmentsmustnotbelongerthan25pageswhenprinted
Using the online service when a tenant owes you rent
IfYou youcan useduse the possessionPossession claimClaim onlineOnline serviceService (PCOL)(PCOL), toif applyyou forare aonly possessionevicting order,your tenant for owing you canrent.
The service lets you fill in court forms online and you can see your claim progress. You will need to give proof of rent payments due and received for up to a maximum of two years .years.
You can contactuse the Possessionpaper Claimbased Onlineservice if you prefer.
Contact the PCOL help desk if you need help or advice.advice.
Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm
Email:5pm Email: PCOLITassistance@justice.gov.uk
What happens next next
AfterThe issuing the claim form the court will: will:
send your tenant a copy of your application and any other relevant documents
documentssend you a notice of issue of
withyour possession claim withnumberyour–claimkeepnumberthissafeforfuturecorrespondenceset a date for the possession hearing
hearing
If your tenant thinkswants to defend the possession proceedings they should notsend bea requireddefence to givethe backcourt possessionwithin 14 days of being served with the property ,claim papers. In their defence they canmay sendexplain theirwhy reasonsthey tothink thethey courtshould andnot thebe evicted.
The court will send you a copy of thistheir defence.defence, and you may want to seek legal advice.
Accelerated possession claimsclaims
IfAn accelerated possession claim lets you madeevict youra possessiontenant claimmore usingquickly than the standard process. You will not usually need to go to a hearing.
You can apply for an accelerated processpossession order if your tenants have not left by the date in your section 21 notice. It costs £415.
You will not usually be able to start court proceedings using Formsection N5B,21 thenon neitheror after 1 August 2026. You won’t usually be able to apply for an accelerated possession order on or after this date. If you nordo, your tenantclaim 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 attendeither court.use Thethe 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 inif acceleratedyour sectiontenant 21contests casesthe ifclaim and the judge needsfeels moreit informationis beforeappropriate decidingto onconsider whetheryour atenant’s defence.
How to apply for an accelerated possession orderclaim
Downloadshouldandbefillmade.inForformexample,N5Bif(forapropertiesjudgeinneedsEngland).Sendthecompletedformto considerthecountycourtthatcoversthe tenant’sareadefencewhereyourpropertyis.Findacourtortribunal.Includeacopyoftheformandanysupportingdocumentsforeachpersononthetenancy,andanyoneelsewithaninterestin greaterthedetail.property.Paythecourtfee-seeHowtopaycourtfeesbelow.Keepacopyofeverythingforyourownrecords.
What happens nextnext
The court will:will:
send your tenant a copy of your application and any other relevant documents
documentsgive them 14 days to respond
respondsend you a notice of issue of
withyour possession claim withnumber,youryouclaimshouldnumberkeepthissafeforfuturecorrespondence
If your tenant does not respond within the time allowedallowed
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.order.
A judge will either:decide either to:
make a decision on the papers, normally without a hearing,
hearinghave a court hearing.
ThisTheyusuallywillonlydohappensthis if theyyouraretenantsnotraise asatisfieddefence,that:- the
orclaimaskformforwasmoreserved - you
timehave not established that you are entitled to regain possession of the property under section 21.
leave- the
- strike
If out your possessiontenant claimsends ifa yourdefence
They claimmay formexplain showswhy nothey reasonablethink groundsthey forshould younot havingbe broughtevicted. theIn claim.
this case:
If your tenant disagrees with the possession claim and sends a defence, the court will send you a copy of it.
theirThe judge will then consider the claim and the defence and either:defence- make an order for possession
- fix
a hearing date;
dateor - strike
isoutlikelyyourtopossessionbeclaim if your claim form shows no reasonable grounds for you having brought the claimset
You
youcanmayfindwanta legal adviser to get legal adviceadvice
If your tenant agrees to leave but needs more timetime
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:they:
have been in hospital
hospitalare seriously ill
illhave a disability and need an adapted home
home
You will be sent a copy of their request. If you agree, write to the court to confirm.confirm.
A judge may:may:
give the tenant up to 6 weeks to leave
leaveset a hearing to consider their request
defence
How to pay court fees
You can apply for morehelp timewith court fees either online or via paper.
To pay the court fee you can:
sendachequemadepayableto‘HMCourtsandTribunalsService’tothecourtwithyourcompletedpaperworkpaybycreditordebitcardoverthephonebygivingyourtelephonenumberinyouremailorcoveringletterifyouhavesetupafeeaccountwithHMCourtsandTribunalService,youcanaskthecourttochargethefeetothisaccount.
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 hearinghearing
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.needed.
At least 14 days before the hearing, you should send a copy of all case documents to the court at the address provided:provided:
include the claim form (N5
(N5)or N5B) you used to make the claim and the particulars of claim form (N119) where applicable(N119)include any other documents and statements you want to submit to the court to support your claim
claiminclude a copy of the tenant’s defence if they submitted one
one
Possession hearings and ordersorders
Court hearings for possessionpossessions orders are usually held in the county court that deals with the area where your property isis located. located. You should let the court know as soon as possible if you have anyany special special requirements. For example, if you need extraextra assistance to assistance to access the building or engage with the hearing.hearing.
Before attending a hearing, itit is 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.hearing.
Orders
Before the possession hearing, the court will:
sendyourtenantacopyofyourapplicationandanyotherdocumentssendyouanoticeofissuewithyourclaimnumber–keepthissafeforfuturecorrespondencesetadateforthepossessionhearingIfyourtenantwantstodefendthepossession proceedings theyshouldsendadefencetothecourtwithin14daysofbeingservedwiththeclaimpapers.Intheirdefencetheymayexplainwhytheythinktheyshouldnotbeevicted.
The court will send you a copy of their defence, and you may want to seek legal advice.
At the hearing the judge canmight:
adjournthehearing-itwillbemovedtoalaterdate(thishappensifajudgebelievesadecisioncannotbemadeontheday)dismissthecourtcase-noorderwillbe made andthehearingwillendmake
a ‘possessionorder’- thejudgewillmakearulingonwhetheryourtenantshouldleaveyourpropertyorwhethertheycanstaysubjecttoconditions
Order
The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if:
youhavenotfollowedthecorrectprocedureyouoryourrepresentative do notattendthehearingyourtenantshavepaidanyrentthatwasowed
If the judge dismisses the case, you:
willnotbeabletoapplyforenforcement.Yourtenantswillbeabletostayinthepropertymaybeorderedtopaythetenant’slegalcoststodefendtheclaim
Depending on the reason for dismissal, you may be able to continue to seek possession (orbut ‘outrightyou will have to re-start the possession order’)process. You may want to get legal advice first.
Possession orders
The judge can make different kinds of possession order.
Outright possession order
This meansorder requires your tenant mustto leave your property by the date given 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:
mayallowyourtenantupto6weekstoleavethepropertyifthetenantwouldsufferextremehardshipiftheyhadtoleaveearliercandelaytheevictionforlongerifyouusedadiscretionaryground
Suspended orderorders for possession
ThisA meanssuspended 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 stayask inthe court to issue a ‘warrant for possession’. A bailiff will be appointed to evict your propertytenant.
Possession iforders theywith followa certainmoney rulesjudgment
A orjudge conditionscan setadd outa inmoney judgment to any of the order.possession orders. This means your tenant owes a specific amount of money, usually made up of:
rentarrearscourtfeesyourlegalcosts
Money order
ThisA money order alone means your tenant must pay you aan specified amount ofdecided money.by Theythe willcourt, alsobut they do not have to vacateleave the propertyproperty. You ifcan apply to court to enforce the money order isif accompaniedthey bydo 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:
Read
deductingmoneyfromthe possessiontenants’hearingswagesandorordersbankguidanceaccountsendingforbailiffsmoretoinformationrecoveraboutthedebt,whichcouldincludetakingawaybelongingstocoverthe decisionsamountaowed
If judgeyou canwant maketo evict your tenant and howonly a money order was made, you canwill appeal.need to reapply to court for a possession order.
WarrantsAppealing andagainst evictionsthe decision
Applying
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:
madeaseriouslegalmistakedidnotfollowthecorrectprocess
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 warranthigher court for permission, you can ask for it as part of possessionyour 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:if:
you have an outright possession order
order,and the tenant does not leave by the date for possession in the orderthe tenant breaks the conditions of a suspended possession order
youstillwantthetenanttoleave
You should use:
FormN325ifyouhaveanoutrightpossessionorderFormN325Aifyouhaveasuspendedpossessionorder
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 wantshould themuse form N293A). You will get a writ of possession instead of a warrant, which allows High Court enforcement officers to leaveevict your tenant.
It costs £123 to apply for a transfer and £80 to seal the propertywrit (plus High Court enforcement fees).
After the warrant is issued
The court will:
confirminwritingthatthewarranthasbeenissuedsendyouformEX96withthebailiffappointmentdateandtimesendyouariskassessmentform(EX97A)
ForThe morecourt 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 howany torisks.
On applythe forday of eviction:
meetthebailiffoutsidetheproperty,withsparekeysifyouhavethemdonotenteruntilthebailiffsaysyoucanyoumaywanttobringa warrantlocksmithpleasetoreferhelpto:gainEvictingentrytenantsandchangelocksaftertheeviction
You are responsible for any pets or belongings left behind in England: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 tenantsyou do not followknow the tenant’s address you may need to use a possessiontracing orderservice to find them.
If the tenant asks for more time or applies to set aside the possession orderorder
The tenant may apply to suspend the warrant. Awarrant. A tenant can also ask the court to set aside the possession order.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.eviction.
You should get legal advice.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 delayed, or a warrant for possession may be suspended
applies to suspend the warrant
applies to set aside the possession order
The circumstances in which a possession order may be delayed or set aside,aside or a warrant for possession suspended include:include:
-
if the section 21 notice was invalid.
invalidThe 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,
hearing
The and:
tenant can apply for the court decision to be set aside if they:
- they
had a good reason for missing the hearing
courthearing - they
applied to have the warrant or possession order delayed
setasideas soon as they knew that the court had made a possession order - they
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 you agree to let your tenant stay.
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 and should seek legal advice on how to discharge your duties depending on the circumstances of your case.
County court bailiffs cannot help you recover the rent that your tenant owes you or money for damage to your property. To get the money back, you will need to make a separate claim. If you do not know the tenant’s address you can use a tracing service to find them.
For more information read the if tenants do not follow a possession order guidance.
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 theirthe 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 used multiple grounds for possession, the longest notice period will generally apply. For example, to serve notice using Groundground 6 and Groundground 8, you would need totohave have provided at least 2 months’ notice.notice.
There is an exception for the antisocial behaviour grounds 7a and 14. If either of these grounds were used, the notice period for the antisocial behaviour ground would apply. If both grounds 7a and 14 were used, the notice period provided under ground 7a would apply.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 |
||
| 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 |
Updates to this page
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This guidance has been updated to reflect that private landlords can no longer apply for a possession order in the county court using a section 8 or section 21 notice which they gave to their tenant before 1 May 2026.
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Fee for a possession order changed from £404 to £415.
-
First published.
Update history
2026-08-01 00:01
This guidance has been updated to reflect that private landlords can no longer apply for a possession order in the county court using a section 8 or section 21 notice which they gave to their tenant before 1 May 2026.
2026-07-13 00:01
Fee for a possession order changed from £404 to £415.
2026-05-01 00:00
First published.