Eviction from a rented home in England: grounds, notice periods and the court

Since 1 May 2026 a landlord in England can no longer evict a tenant without a reason. That is the day Part 1 of the Renters' Rights Act 2025 came into force, and section 21 of the Housing Act 1988 — the no-fault route — stopped working. Every eviction now has a numbered ground, and every ground has its own notice period.

What changed on 1 May 2026?

No-fault eviction is gone. The only notice a landlord can now serve is a section 8 notice on Form 3A, and it must state a ground for possession. The Act received Royal Assent on 27 October 2025 and took effect in May.

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One detail tenants often miss: for most grounds the court will first check that the deposit sits in a government-approved scheme and that the prescribed information was given. If it does not, the claim falls apart before the merits are reached.

Which grounds can a landlord use?

Grounds are either mandatory or discretionary. On a mandatory ground the court must grant possession once the facts are proved. On a discretionary one the judge weighs the circumstances and can refuse.

The ones tenants meet most often:

Ground 1 — the landlord or a close family member moves in. Mandatory, 4 months' notice.
Ground 1A — the landlord sells the property. Mandatory, 4 months.
Ground 8 — rent arrears. Mandatory, 4 weeks.
Grounds 10 and 11 — any arrears, and persistent late payment. Discretionary, 4 weeks.
Ground 12 — breach of the tenancy. Discretionary, 2 weeks.
Ground 6 — redevelopment. Mandatory, 4 months.
Ground 7B — no right to rent. Mandatory, 2 weeks.
Ground 14 — antisocial behaviour. Discretionary, with no set notice period, but the court cannot make an order until 14 days after the notice. Serious Ground 7A works the same way.

How much rent must you owe for Ground 8?

At least three months' rent if you pay monthly, or thirteen weeks' rent if you pay weekly or fortnightly. And you must owe that much twice over: on the day the notice is served and again on the hearing date. Bring the arrears below the threshold before the hearing and the mandatory ground disappears, leaving only the discretionary ones.

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Can you be evicted in the first year?

Not on Grounds 1 and 1A. A tenant has a protected period of 12 months from the start of the tenancy. Notice can be served during it, but it cannot expire before the twelve months are up. And a landlord who uses either ground cannot market or re-let the property for 12 months afterwards.

What happens if you do not leave?

The landlord applies to court. Rent-arrears-only claims go through the Possession Claim Online service; everything else is on paper, using form N5 with particulars of claim N119. The fee is £415, raised from £404 on 13 July 2026.

You have 14 days from service of the claim papers to file a defence. Case documents must reach the court at least 14 days before the hearing. The judge may adjourn, dismiss the claim, or make an outright or a suspended possession order. On a mandatory ground an outright order usually sets a departure date within 14 days; in cases of extreme hardship the judge may allow up to six weeks, and longer still on a discretionary ground. An appeal must normally be made within 21 days.

When do bailiffs turn up?

Only after a further step. The order alone puts nobody on the street: the landlord has to request a warrant on form N325 — or N325A where the order was suspended — and pay £148. They can do so for up to six years after the order.

You must be given at least 14 days' notice of the eviction appointment. Until then you can ask the court to set the order aside or to suspend the warrant; the court gives at least 3 days' notice of a set-aside hearing. Bailiffs do not recover arrears or damage: for money the landlord has to bring a separate claim.

What should you do when a notice arrives?

Start with the ground number and the date — everything else follows from them. Check that your deposit is protected. If the ground is discretionary, prepare your argument, because the judge has to hear it. And remember that an envelope from a letting agent is not an eviction: without a court order and a warrant, nobody can put you out.

Separate rules apply to excluded tenancies and licences — for instance when you share the home with your landlord — where no court is needed and "reasonable notice" is enough; and to regulated tenancies that began before 27 February 1997.