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Introduction – Why a legal process matters
If you’re searching for how to evict a tenant legally in the UK, the rules in England require strict compliance with the Housing Act 1988 and the Civil Procedure Rules. Errors at any stage can delay your case, increase costs, or risk an unlawful eviction claim.
As at 5 September 2025, Section 21 (no-fault) has not been abolished. The Government’s Renters’ Rights Bill is progressing in Parliament but has not commenced. Landlords therefore still use Section 8 (specific grounds) and, where applicable, Section 21 with the prescribed forms and prerequisites.
Helpland guides landlords and agents through each step, fixed-fee, specialist, and outcome-focused.
Step 1 – Serve the correct eviction notice
Choosing the notice (Section 21 vs Section 8)
- Section 21 (no-fault): 2 months’ notice on Form 6A. Pre-requisites apply (tenancy deposit protection, prescribed info, EPC, gas safety, “How to Rent”). Any defect can invalidate the notice. S21 remains available until reforms commence.
- Section 8 (breach-based): use Form 3. Notice periods by ground:
- Ground 8 (serious arrears): 2 weeks (mandatory if threshold met)
- Ground 10 (some arrears): 2 weeks (discretionary)
- Ground 11 (persistent delay): 2 weeks (discretionary)
- Ground 12 (other breach): 2 weeks (discretionary)
- Ground 13 (deterioration/damage): 2 weeks (discretionary)
- Ground 14 (antisocial behaviour): no minimum, proceedings may begin immediately after service
Serving correctly
Use the prescribed form (Form 6A or Form 3), follow any service clause in the tenancy, and keep proof of service. Where permitted, service methods may include recorded delivery or personal delivery under s.196 Law of Property Act 1925.
Step 2 – Court action: apply for possession
If the tenant hasn’t left when the notice expires, you must seek a court order, you cannot lawfully evict without one.
Routes
- Accelerated possession (S21): usually decided “on the papers” if documents are perfect and you’re not claiming arrears. Available while Section 21 remains in force.
- Standard possession: used for Section 8 claims or contested cases (hearing required).
Paperwork & fees
- Section 8 claims: Form N5 (claim) + Form N119 (particulars).
- Enforcement (if needed later): Form N325 (warrant).
Always check the GOV.UK forms hub for the latest versions and fees.
Timelines (official data)
The Ministry of Justice reported in Q2 2025 that the median time from claim to repossession was 27.9 weeks. Times vary by region and case type; accurate documents reduce adjournments.
Step 3 – The possession hearing
Bring: tenancy agreement, rent schedule, evidence for grounds, proof of compliance and service.
Uncontested and compliant cases often result in a possession order.
Contested cases may involve defences (e.g., disrepair, hardship) leading to adjournments or suspended orders.
Step 4 – Enforcing the order (Bailiffs or High Court)
A possession order doesn’t remove the tenant. If they remain:
- County Court Bailiffs (CCB): apply for a warrant of possession (N325). Waits vary by court.
- High Court Enforcement Officers (HCEO): you may apply to transfer up under s.42 County Courts Act 1984 and CPR Part 83/PD83. Permission is discretionary. Costs are higher but enforcement is often faster.
Step 5 – After eviction: secure the property & handle belongings
- Secure the property: change locks, document condition, update inventory.
- Belongings: follow the Torts (Interference with Goods) Act 1977 notice procedure (written notice, reasonable collection period; then sale/disposal with accounting).
- Arrears & damages: pursue a money judgment and enforce (HCEO writ of control, attachment of earnings, etc.) if necessary.
FAQs
Can I evict without going to court?
No. If a tenant stays after notice, you must obtain a possession order and, if needed, a warrant/writ for enforcement.
Do I need a solicitor?
DIY is possible, but professional help reduces errors and delays. Correct forms, service, and evidence are critical
How long does it take?
The median claim-to-repossession in Q2 2025 was 27.9 weeks. Complex or defended cases may take longer.
What if the tenant is hostile or damaging property?
Do not self-evict. Document evidence. Ground 14 (ASB) allows immediate proceedings after service. Bailiffs/HCEOs manage risks on eviction day.
Helpland: expert help, fixed fees, clear comms
Helpland combines 20+ years’ expertise with fixed fees and an outcome-driven process, ideal for landlords and agents who need speed, compliance and predictable costs:
- Draft & serve the correct notice (Form 6A / Form 3)
- Prepare watertight court packs (N5, N119, exhibits)
- Representation at hearings
- Fast-track enforcement assessment (CCB vs HCEO)
Trusted by landlords and letting agents who value predictability, speed and professional communication.
Key 2025 legal context (England-only)
- Section 21: Still in force (Sept 2025), Form 6A, 2 months’ notice. Renters’ Rights Bill not yet commenced.
- Forms in force: Form 6A (S21), Form 3 (S8), N5/N119 (claim), N325 (CCB warrant), PF92/MO92 (HCEO).
- Notice periods: Grounds 8–13 = 2 weeks; Ground 14 = no minimum.
- Timeline: 27.9 weeks median (Q2 2025, MoJ).
- High Court enforcement: Available via s.42 CCA 1984 / CPR 83.
- Left goods: Handle under Torts (Interference with Goods) Act 1977.
Quick checklist for landlords & agents
- Choose the route: S21 (Form 6A, 2 months) or S8 (Form 3, correct grounds)
- Serve it right: correct form, wording, timing, proof of service
- If no move-out: issue court claim (accelerated S21 or standard S8: N5/N119)
- If still in occupation: enforce via N325 (CCB) or consider HCEO transfer
- On the day: bailiff/HCEO executes; change locks; inventory; handle goods under Torts 1977
