Change of https://www.gov.uk/guidance/giving-notice-of-possession-to-tenants-before-1-may-2026

Change description : 2026-08-01 00:01:00: 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. [Guidance and regulation]

Showing diff : 2026-07-12 23:06:13.798232487 +00:00..2026-07-31 23:06:31.496076862 +00:00

Guidance

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

    holiday lets   

  • ‘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 notice

notices 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 givenused notice to your tenants using formForm 3 or a form substantially to substantially the same effect and served it on your tenants 

  • it must have included at least the minimumright amount of noticenotice 

  • you mustneeded haveto explainedset theout groundsfully youthe aresubstance usingof and the reasonsgrounds whyon theywhich apply.you Yourelied mustand havethe usedreasons atwhy leastyou onethought of the groundsground summarised at annex A applied.

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, ornotice 

  • 31

    3 Julymonths beginning on the 1 May 2026

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

space 

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

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 hearinghearing 

  • the tenant has been convicted of antisocial behaviourbehaviour 

Discretionary grounds

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  

  • on the date you gave the notice ofat possessionleast on4 ormonths beforehad 30passed Aprilsince 2026

  • 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 oris athe form substantiallyprescribed tofor thethis same effectpurpose) 

  • you gaveneeded to give at least the2 minimummonths’ requirednotice  amount 

You ofhad not recently received an improvement notice or notice of emergency remedial action from the council

  • you repaiddid anynot paymentsreceive thatan shouldimprovement notnotice haveor beennotice takenof fromemergency yourremedial tenant,works asfrom setthe outcouncil in the Tenant6 Feesmonths before Actyou 2019gave beforethe section 21 notice

  • if you servedreceived an improvement or notice of emergency remedial action notice, you must also have carried out the repairs before giving your tenants a section 21 noticenotice 

  • if you tookgave anotice deposit,before youthe putcouncil thisissued inan aimprovement government-approvednotice scheme,or compliednotice withof theemergency requirementsremedial ofaction, theyour schemesection when21 notice may still be valid 

If you received thean deposit andimprovement gavenotice or notice of emergency remedial action from the tenantcouncil the requiredon informationor aboutafter tenancy1 depositNovember protection

  • 2025 you gavewill not usually have been able to give your tenanttenants a validsection gas21 safetynotice.

  • 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 gaverepaid youror tenantproperly anaccounted Energyfor Performanceany Certificateprohibited (EPC)payments you took  

    • the Tenant Fees Act says that you gaveare youronly tenantallowed to take certain permitted payments.

    • When checking the ‘Howvalidity toof your rent’section guide.21 Younotice, mustyou haveshould givendisregard yourthe tenantchange made by the mostRenter’s upRights Act 2025 to datethe permitted versionpayments

    You ofprotected the guidetenant’s whendeposit - you gaveput itthe todeposit themin a government-approved scheme   

    ThereYou areprovided alsothe restrictionsfollowing ondocuments:

    • a regainingvalid possessiongas undersafety sectioncertificate 21(if ifthere’s youa weregas servedsupply) 

    • an withEnergy anPerformance improvementCertificate notice(EPC) 

    • the orcorrect emergencyversion remedialof actionthe notice‘How into rent’ guide at the sixtime monthsthe beforetenancy youbegan servedor was renewed 

    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, back

    you 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: 

    • Ifyou need to move into your property 

    • your tenant has broken the judgeterms doesof notthe maketenancy agreement 

    • your tenant is engaging in antisocial behaviour 

    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: 

    • you can only send one email 

    • it must not be bigger than 10 megabytes including attachments 

    • the email and attachments must not be longer than 25 pages when printed 

    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 documents  

    • send you a notice of issue ofwith your possession claim withnumber your claimkeep numberthis safe for future correspondence  

    • set 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 

    1. Download shouldand befill made.in Forform example,N5B if(for aproperties judgein needsEngland).

    2. Send the completed form to considerthe county court that covers the tenant’sarea defencewhere your property is. Find a court or tribunal. Include a copy of the form and any supporting documents for each person on the tenancy, and anyone else with an interest in greaterthe detail.property.

    3. Pay the court fee- see How to pay court fees below.  

    4. Keep a copy of everything for your own records.

    What happens nextnext 

    The court will:will: 

      • send your tenant a copy of your application and any other relevant documentsdocuments 

      • give them 14 days to respondrespond 

      • send you a notice of issue ofwith your possession claim withnumber, youryou claimshould numberkeep this safe for future correspondence  

    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,hearing

    • have a court hearing. This Theyusually willonly dohappens this if theyyour aretenants notraise a satisfieddefence, that:

      • theor claimask formfor wasmore served
      • youtime have not established that you are entitled to regain possession of the property under section 21.
      leave 

    • 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.their The judge will then consider the claim and the defence and either:defence 

      • make an order for possession
      • fix

        a hearing date;date or

      • strikeis outlikely yourto possessionbe claim if your claim form shows no reasonable grounds for you having brought the claimset 

    • Youyou canmay findwant a 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 hospitalhospital 

    • are seriously illill 

    • have a disability and need an adapted homehome 

    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 leaveleave 

    • set a hearing to consider their requestdefence 

    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: 

    • send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed paperwork 

    • pay by credit or debit card over the phone by giving your telephone number in your email or covering letter 

    • if you have set up a fee account with HM Courts and Tribunal Service, you can ask the court to charge the fee to this account. 

    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 hearing

    hearing 

    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 claimclaim 

    • include a copy of the tenant’s defence if they submitted oneone 

    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: 

    • send your tenant a copy of your application and any other documents 

    • send you a notice of issue with your claim number keep this safe for future correspondence 

    • set a date for the possession hearing 

    • If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted. 

    The court will send you a copy of their defence, and you may want to seek legal advice

    At the hearing the judge canmight: 

    • adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day) 

    • dismiss the court case - no order will be made and the hearing will end 

    • make

    a ‘possession order’ - the judge will make a ruling on whether your tenant should leave your property or whether they can stay subject to conditions 

    Order

    The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if: 

    • you have not followed the correct procedure 

    • you or your representative do not attend the hearing 

    • your tenants have paid any rent that was owed 

    If the judge dismisses the case, you:

    • will not be able to apply for enforcement. Your tenants will be able to stay in the property
    • may be ordered to pay the tenant’s legal costs to defend the claim

    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:

    • may allow your tenant up to 6 weeks to leave the property if the tenant would suffer extreme hardship if they had to leave earlier
    • can delay the eviction for longer if you used a discretionary ground

    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:

    • rent arrears
    • court fees
    • your legal costs

    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

    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:

    • made a serious legal mistake
    • did not follow the correct process

    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 possession

    your 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 orderorder, and the tenant does not leave by the date for possession in the order

    • the tenant breaks the conditions of a suspended possession order

    • you still want the tenant to leave 

    You should use: 

    • Form N325 if you have an outright possession order 

    • Form N325A if you have a suspended possession order 

    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: 

    • confirm in writing that the warrant has been issued 

    • send you form EX96 with the bailiff appointment date and time 

    • send you a risk assessment form (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: 

    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

    suspended 

    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. invalid The 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 hearingcourt hearing 

    • they

      applied to have the warrant or possession order delayedset aside as 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. reasonable  If a discretionary ground was used, the court can suspend the bailiff’s warrant if they decide it is reasonable to do so.

  • if you agree to let your tenant stay. stay  If, after discussion with your tenant,tenant you decide not to pursue the eviction and let them stay in their home, the tenant can make an application for the warrant to be suspended.

  • On the day of eviction:

      suspended. 

    • 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)
    1tenancy)  1 month (fixed-term tenancy) 
    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

    Published 1 May 2026
    Last updated 113 AugustJuly 2026 Show all updates
    1. 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.

    2. Fee for a possession order changed from £404 to £415.

    3. First published.

    Sign up for emails or print this page

    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.