The short answer
To end a private tenancy in England from 1 May 2026, a landlord serves a Section 8 notice on Form 3A, naming one or more grounds for possession, gives at least the minimum notice for those grounds, and then applies to court if the tenant does not leave. A court decides whether to make a possession order. Only a court-appointed enforcement officer can then carry out an eviction.
Step 1: pick the ground that fits
A ground is the legal reason for possession. Some are mandatory (the court must order possession if the ground is proved) and some are discretionary (the court must also think it reasonable). The ones private landlords look at most often are:
| Situation | Usual grounds | Minimum notice |
|---|---|---|
| Rent arrears | 8 (mandatory, 3 months’ rent or 13 weeks), 10 and 11 (discretionary) | 4 weeks |
| Breaking the tenancy, damage to the home or furniture | 12, 13, 15 (discretionary) | 2 weeks |
| Antisocial behaviour | 14 (discretionary), 7A (mandatory, needs a conviction or court order) | No minimum: court action can start once served |
| You or family need to move in, or you are selling | 1 and 1A (mandatory) | 4 months, and the notice cannot end in the first 12 months |
| Major works | 6 (mandatory) | 4 months |
Step 2: check the deposit and the paperwork
For tenancies that started on or after 1 May 2026, a court cannot make a possession order on most grounds while the deposit rules are not met, for example if the deposit was not protected or the prescribed information was not given. Grounds 7A and 14 are the exceptions. Check this before you serve anything.
Step 3: fill in Form 3A carefully
Form 3A is the prescribed form for private landlords. It must name every tenant, set out each ground in full, explain why each one applies, give the earliest date you may apply to court, and be signed by you or your agent. A mistake can mean starting again.
Step 4: keep proof of service, then watch the 12-month clock
Keep a copy of the notice exactly as served and proof of how and when it was served. For notices served from 1 May 2026, you generally have 12 months from service to start court action, or you need a new notice.
Step 5: build your evidence before you need it
Whatever the ground, solicitors ask for the same core records: the signed tenancy agreement, every tenant’s name, deposit certificate and prescribed information, and then the evidence for the ground itself. For rent arrears that means a rent schedule with a running balance covering at least the last two years, which the court rules ask for in a possession claim. For damage it means a signed check-in inventory and dated photos.
Questions landlords ask
Can I still use a Section 21 notice in 2026?
No. For private tenancies in England, Section 21 ended on 1 May 2026. Possession now goes through Section 8 using a ground for possession.
How long does a Section 8 notice for rent arrears give the tenant?
For Grounds 8, 10 and 11 the minimum notice is four weeks. The notice can then be used to start court action, generally within 12 months of serving it.
What is the Ground 8 threshold?
At least three months’ rent if rent is paid monthly, or 13 weeks’ rent if it is paid weekly or fortnightly, owed both when the notice is served and at the hearing. Arrears caused only by a Universal Credit delay are left out.
Which form do private landlords use for a Section 8 notice?
Form 3A, the notice seeking possession for private landlords, for notices served from 1 May 2026.
Do I need a solicitor?
You do not have to use one, but possession claims are technical and mistakes can mean starting again. Many landlords prepare their records first and then take them to a solicitor.
How long does a Section 8 eviction take in 2026?
It depends on the ground. The notice period runs first: 4 weeks for the rent arrears grounds, up to 4 months for grounds such as selling or moving in. Government figures for April to June 2026 then put the median time from a landlord’s court claim to repossession at 27.1 weeks.
Can I change the locks if the tenant will not pay or will not leave?
No. A tenant can only be made to leave through the court and, if needed, court bailiffs. Doing it any other way can be unlawful eviction, and for offences from 1 May 2026 councils can impose a civil penalty of up to £40,000.
What happened to Section 21 notices served before 1 May 2026?
GOV.UK says they could usually be used to start court action for 6 months after serving, or until 31 July 2026, whichever came first. After 31 July 2026 a Section 21 notice cannot usually be used to start an eviction.
Can I evict a tenant because I want to sell?
Selling is a Section 8 ground (Ground 1A). It needs at least 4 months’ notice, and the notice cannot end within the first 12 months of the tenancy.
How long does a tenant get to leave after a possession order?
The law says possession is usually due within 14 days of the order. A court can allow longer if leaving would cause exceptional hardship, but never more than 6 weeks.
Sources
- Shelter England (legal): Section 8 notices (checked 18 Oct 2026)
- Shelter England: how much notice a landlord must give (checked 18 Oct 2026)
- Shelter England (legal): mandatory grounds from 1 May 2026 (checked 18 Oct 2026)
- Shelter England (legal): discretionary grounds from 1 May 2026 (checked 18 Oct 2026)
- GOV.UK: Form 3A notice seeking possession (checked 18 Oct 2026)
- Civil Procedure Rules: Practice Direction 55A (checked 18 Oct 2026)
- GOV.UK: giving notice to evict tenants (checked 18 Oct 2026)
- Ministry of Justice: mortgage and landlord possession statistics, April to June 2026 (checked 18 Oct 2026)
- GOV.UK: civil penalties under the Renters’ Rights Act 2025 (checked 18 Oct 2026)
- legislation.gov.uk: Housing Act 1980, section 89 (checked 18 Oct 2026)