How Long Does Eviction Take in 2026? Section 8 Possession After the End of Section 21
Every eviction in England now runs through Section 8. Here are the grounds and notice periods landlords use, the court steps and fees, and how long possession really takes, based on the latest court statistics.
Quick answer: Since Section 21 was abolished on 1 May 2026, landlords in England must use Section 8 and prove a legal ground for possession. A Section 8 eviction has two stages: a notice period that ranges from immediate to four months depending on the ground, then the court process. In April to June 2026 the median time from a landlord's court claim to repossession was 27.1 weeks, according to official statistics. A rent arrears case under Ground 8 therefore typically takes around seven months from notice to possession if the tenant doesn't leave. Selling or moving in under Grounds 1A or 1 needs four months' notice and can't end a tenancy in its first 12 months.
For decades, a landlord who wanted a property back could serve a Section 21 notice without giving a reason. That route closed on 1 May 2026 under the Renters' Rights Act, and the last day to use an old Section 21 notice in court was 31 July 2026. Every possession claim now runs through Section 8. This guide explains how a Section 8 eviction works in practice, which grounds and notice periods apply, and how long each route realistically takes.
How does a Section 8 eviction work?
A Section 8 eviction follows the same five steps whatever the ground. The government's guidance on repossessing a privately rented property after 1 May 2026 sets out the process:
- Serve notice on Form 3A. The notice must name the ground or grounds you rely on and set out the substance of each one. A defective notice is a common reason for a Section 8 claim to fail.
- Wait for the notice period to run. The period depends on the ground, from no notice at all for serious antisocial behaviour to four months for selling or moving in.
- Apply to court. If the tenant hasn't left, you apply for a possession order. The court fee is £415.
- Attend the hearing. For a mandatory ground, the judge must order possession if the ground is proved. For a discretionary ground, the judge decides whether possession is reasonable.
- Enforce the order. If the tenant still doesn't leave, you apply for a warrant of possession (£148) and county court bailiffs carry out the eviction.
There is no accelerated, paper-only procedure for Section 8. That route was tied to Section 21, so every Section 8 claim goes to a hearing.
Which Section 8 grounds do private landlords use most?
The Renters' Rights Act rewrote the list of grounds. These are the ones most private landlords rely on, with the notice periods from the government's grounds for possession guidance:
| Ground | What it covers | Type | Notice period |
|---|---|---|---|
| 1 | Landlord or close family moving in | Mandatory | 4 months, not in the first 12 months |
| 1A | Landlord selling the property | Mandatory | 4 months, not in the first 12 months |
| 6 | Substantial redevelopment | Mandatory | 4 months, not in the first 6 months |
| 7A | Severe antisocial or criminal behaviour | Mandatory | None, but no order until 14 days after notice |
| 8 | At least 3 months' rent arrears | Mandatory | 4 weeks |
| 10 | Any rent arrears | Discretionary | 4 weeks |
| 11 | Persistent late payment | Discretionary | 4 weeks |
| 12 | Other breach of tenancy | Discretionary | 2 weeks |
| 13 | Deterioration of the property | Discretionary | 2 weeks |
| 14 | Antisocial behaviour or nuisance | Discretionary | None, but no order until 14 days after notice |
| 17 | Tenancy obtained by false statement | Discretionary | 2 weeks |
Ground 8: rent arrears
Ground 8 is mandatory, but only if the arrears meet the threshold at two points: when you serve notice and on the day of the hearing. The tenant must owe at least three months' rent if rent is paid monthly, or 13 weeks if paid weekly or fortnightly. If the tenant pays enough to drop below the threshold before the hearing, Ground 8 falls away. That is why landlords usually plead Grounds 10 and 11 alongside Ground 8, so the court can still consider possession.
Grounds 1 and 1A: moving in or selling
These grounds replace most of what Section 21 used to be used for. They need four months' notice, and the notice can't end the tenancy within the first 12 months. The government's guide to the Act adds two important restrictions: a landlord who uses them can't market or re-let the property for 12 months afterwards, and misusing a ground can lead to a civil penalty of up to £7,000, rising to £40,000 or prosecution for repeated breaches.
How long does a Section 8 eviction take in 2026?
The Ministry of Justice's possession statistics for April to June 2026 show a median of 27.1 weeks from a landlord's claim to repossession, slightly down from 27.9 weeks a year earlier. Claims rose 6% to 23,635, and accelerated claims rose 16%, as landlords rushed to use Section 21 notices before the 31 July deadline. The statistics only cover two months under the new rules, so the effect of every case now needing a Section 8 hearing hasn't shown up yet. Many practitioners expect court times to lengthen.
Adding the notice period to the court median gives a realistic planning range where the tenant stays until the end:
| Scenario | Notice | Court to repossession | Typical total |
|---|---|---|---|
| Rent arrears (Ground 8) | 4 weeks | around 6 months | around 7 months |
| Selling or moving in (Ground 1A or 1) | 4 months | around 6 months if contested | around 10 months, and never before month 12 of the tenancy |
| Serious antisocial behaviour (Ground 7A) | None | depends on the court | usually the shortest route |
Many tenants leave at the end of the notice period or once a possession order is made, especially where they need a reference for their next home. The court figures above describe the cases that don't resolve that way.
How to avoid a slow Section 8 eviction
- Get the paperwork right. Use Form 3A, state the ground and its facts in full, and keep proof of service. A notice with the wrong ground or period means starting again.
- Keep clean rent records. A dated rent ledger is the core evidence for Grounds 8, 10 and 11.
- Act early on arrears. Talk to the tenant as soon as a payment is missed. Arrears are easier to resolve at one month than at three.
- Stay compliant. Deposit protection, gas and electrical safety, and the other move-in documents won't stop a Section 8 claim on their own, but gaps invite counterclaims and weaken your position at the hearing.
- Price voids and legal time into every deal. A realistic model now assumes a longer, costlier route to possession. Test yours with a longer void in the Deal Analyser.
If you are buying a tenanted property, factor in that you can't use the selling ground in the first year of a new tenancy, and that existing tenancies are now periodic. Our PRS landlord database guide covers the registration duty that comes next.
Frequently Asked Questions
Can landlords still use Section 21?
No. Section 21 was abolished on 1 May 2026, and 31 July 2026 was the last day to start court proceedings on a Section 21 notice served before then. All possession claims now use Section 8.
How much notice do I need to give for rent arrears?
Four weeks for Grounds 8, 10 and 11. For Ground 8, the tenant must owe at least three months' rent both when you serve notice and at the hearing.
Can I evict a tenant to sell the property?
Yes, using Ground 1A, with four months' notice, but not so that the tenancy ends in its first 12 months. You then can't re-let or market the property for rent for 12 months.
How much does a Section 8 eviction cost?
The court fee is £415 and a warrant of possession is £148. Legal fees and lost rent during the notice and court period are usually far larger.
What happens if the court doesn't accept my ground?
The claim is dismissed and the tenancy continues. You may be ordered to pay the tenant's costs, and you would need to serve a fresh notice on a valid ground to try again.
Key Takeaways
- Section 21 ended on 1 May 2026, so every eviction in England now uses Section 8 and a proved ground.
- Notice periods range from none for serious antisocial behaviour to four months for selling or moving in.
- The median time from a landlord's court claim to repossession was 27.1 weeks in April to June 2026.
- A rent arrears case typically takes around seven months from notice to possession if the tenant stays.
- Selling or moving in can't end a tenancy in its first 12 months and blocks re-letting for 12 months afterwards.
This article is general information about possession in England, not legal advice. Possession law is technical and a defective notice can add months. Take advice from a housing solicitor before serving notice.