England Eviction Process: Section 21 and Section 8 Guide
A complete guide to evictions in England, covering the current Section 21 "no-fault" process, Section 8 breach grounds, and legal requirements for landlords.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: April 2026.
England Eviction Process
Landlords in England must follow strict legal procedures to regain possession of a property. Under the Housing Act 1988, there are currently two primary routes for eviction: Section 21 and Section 8.
[!WARNING] No Self-Help Evictions: It is a criminal offence to evict a tenant without a court order. Changing locks, removing belongings, or harassing tenants to leave is illegal and can lead to criminal prosecution, heavy fines, and a rent repayment order.
1. Section 21: "No-Fault" Eviction
Section 21 allows landlords to regain possession at the end of a fixed-term tenancy (or during a periodic tenancy) without providing a specific reason.
Note: If any of the prerequisites are not met, a Section 21 notice is invalid and will be struck out by the court.
2. Section 8: Eviction for Breach of Contract
Section 8 is used when a tenant has breached the tenancy agreement. The landlord must specify the "grounds" (reasons) for eviction.
Common Grounds for Possession:
- Ground 8 (Mandatory): Serious rent arrears (at least 2 months' rent unpaid). Notice period: 2 weeks.
- Ground 10 (Discretionary): Some rent arrears. Notice period: 2 weeks.
- Ground 12 (Discretionary): Breach of tenancy terms (e.g., unauthorized pets or smoking). Notice period: 2 weeks.
- Ground 14 (Discretionary): Anti-social behaviour. Notice period: Immediate/None required (but still requires court order).
The Legal Eviction Timeline
in england
Serve Formal Notice
Serve a valid Section 21 or Section 8 notice using the correct government forms (Form 6A for Section 21).
Wait for Expiry
The tenant has until the end of the notice period (2 weeks to 2 months) to vacate or remedy the breach.
Apply for Possession Order
If the tenant remains, apply to the County Court. You can use the Accelerated Possession Procedure for Section 21 if no rent is claimed.
Court Order
A judge reviews the case. If granted, the tenant is usually given 14 days to leave.
Bailiff Enforcement
If the tenant still refuses to vacate, apply for a Warrant of Possession for a court bailiff to execute the eviction.
Future Reforms: Renters' Rights Bill
Landlords should be aware that the Renters' Rights Bill (currently in progress) proposes to abolish Section 21 entirely and move all tenancies to a periodic system. Once enacted, all evictions will require a Section 8 ground. Landager will update these guides the moment these changes become law.
Stay Compliant with Landager
Avoid the trap of invalid notices. Landager tracks your compliance documents (Gas Safety, EPC, Deposit) and alerts you if a notice is at risk of being invalid. Generate court-ready Section 21 and Section 8 notices with one click.
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