Step-By-Step Eviction Process For Landlords In 2026

Last updated 7 August 2026. Written against primary sources and reviewed as the rules change. Applies to England unless stated otherwise.

The eviction process for landlords changed significantly following the introduction of the Renters’ Rights Act.

One of the biggest changes is that:

Section 21 no-fault evictions have now been abolished.

From May 2026, landlords generally need a valid legal ground for possession and must follow the revised Section 8 process.

Many landlords are now asking:

How does the eviction process work in 2026?

This guide explains the typical step-by-step process landlords may need to follow when seeking possession of a rental property.

Step 1: Identify The Correct Possession Ground

Under the Renters’ Rights Act, landlords must normally rely on a valid legal possession ground.

Common examples may potentially include:

serious rent arrears
antisocial behaviour
tenancy breaches
landlord moving into the property
selling the property
specific student tenancy grounds

The correct ground depends entirely on the circumstances of the tenancy.

Step 2: Gather Evidence

Before serving notice, landlords should ideally gather:

rent statements
tenancy agreements
inspection reports
photographs
communication records
contractor reports
witness evidence where relevant

The new possession system is becoming increasingly:

evidence-based
document-driven
compliance-focused

Strong evidence may significantly strengthen a possession claim later.

Step 3: Serve A Section 8 Notice

Since the abolition of Section 21, Section 8 has become the main legal route for recovering possession.

The notice must:

use the correct prescribed form
state the possession ground
explain why the ground applies
provide the correct notice period

Landlords may sometimes rely on multiple grounds simultaneously.

Step 4: Wait For The Notice Period To Expire

Different grounds require different notice periods.

Depending on the ground used, notice periods may range from:

2 weeks
to
4 months.

Landlords should avoid taking further action until the notice period has expired.

Step 5: Apply To Court If The Tenant Remains

If the tenant remains after the notice expires, landlords generally need to apply to court for possession.

Importantly:

landlords cannot legally evict tenants themselves.

The court will normally review:

the notice
the evidence
the possession ground
tenant responses
legal compliance

before making a decision.

Step 6: Attend The Court Hearing

Following the Renters’ Rights reforms, possession claims will generally require a court hearing rather than the previous accelerated Section 21 route.

The court may consider:

whether the ground is proven
whether procedures were followed correctly
whether evidence supports the claim

For discretionary grounds, the court may also consider whether eviction is reasonable.

Step 7: Possession Order

If the court grants possession, a possession order may be issued.

This will normally specify:

when the tenant must leave
possession requirements
any additional court directions

The exact timeframe may vary depending on circumstances.

Step 8: Enforcement If Necessary

If the tenant still does not leave, landlords may need enforcement action.

This may involve:

county court bailiffs
enforcement officers
formal possession enforcement procedures

Only authorised enforcement processes should be used.

Landlords should never attempt:

unlawful eviction
changing locks while occupied
removing belongings improperly
harassment

These can create extremely serious legal consequences.

What Changed Under The Renters’ Rights Act?

The biggest change is that landlords can no longer rely on Section 21 no-fault eviction notices for new and existing tenancies after implementation.

Instead:

Section 8 becomes the primary possession route
new possession grounds have been introduced
existing grounds have been amended
notice periods have changed for some grounds

Examples of new or expanded grounds include:

selling the property
landlord or family occupation
student tenancy situations

under specific conditions.

Why Compliance Is More Important Than Ever

Possession claims may become significantly harder where landlords have:

poor records
incorrect notices
compliance failures
weak evidence

Many property managers now place huge emphasis on:

inspections
documentation
communication records
compliance tracking

because mistakes may create major delays later.

Why Evictions Are Becoming More Complex In 2026

Many landlords are concerned about:

court delays
increased evidence requirements
rising legal costs
longer possession timelines

At the same time:

tenants have stronger protections
possession grounds are more structured
compliance expectations are increasing

This means organisation and documentation are becoming increasingly important.

Official Government Guidance

Landlords can review official possession guidance here:

GOV.UK Possession Guidance For Landlords

Frequently Asked Questions About Evictions In 2026

Has Section 21 ended?

Yes. Section 21 no-fault evictions were abolished from May 2026 under the Renters’ Rights Act reforms.

What replaces Section 21?

Landlords now generally need to use Section 8 possession grounds.

Can landlords still evict tenants?

Yes, but landlords normally require a valid legal possession ground.

Can landlords evict tenants immediately?

No. Landlords must normally follow the legal notice and court process.

Do all possession claims go to court?

Where tenants remain after notice expires, court proceedings are generally required.

Can landlords change locks themselves?

No. Attempting to remove tenants outside the legal process may potentially create serious legal consequences.

What are common possession grounds?

Examples may include:

serious rent arrears
selling the property
landlord occupation
antisocial behaviour
tenancy breaches

Why is documentation important?

Evidence may help support:

notices
possession claims
court proceedings
legal compliance

FINAL THOUGHTS

The eviction process is changing significantly under the Renters’ Rights Act.

The key for landlords is usually:

understanding possession grounds
maintaining strong evidence
staying compliant
following correct procedures
keeping accurate records

As the rental sector becomes increasingly evidence-based throughout 2026, preparation and documentation are becoming more important than ever for successful possession claims.