News from 13 July 2026
Read the current guide to tenancy rules in England.
GOV.UK has updated guidance for private landlords in England seeking possession after the tenancy reforms took effect on 1 May 2026. It explains the notice, court and enforcement stages. A solicitor can help you identify the right route for an individual case.
What has changed for notices after 1 May
For notices served from 1 May 2026, GOV.UK says landlords must use a notice under section 8 of the Housing Act 1988. In practice, that means the landlord needs a reason for seeking possession, known as a ground for possession.
The notice must use Form 3A, or a form substantially to the same effect. It must give the right amount of notice and set out the substance of the ground relied on, including why the landlord believes that ground applies.
GOV.UK warns that an incomplete or inaccurate notice can lead to a possession claim being dismissed or delayed. A possession case is not only about whether there is a problem with the tenancy; it is also about whether the required process has been followed closely enough for the court to act.
This follows the wider Renters’ Rights timetable. Here4 Landlords has previously covered the Renters’ Rights timetable landlords should prepare for and the later possession notice transition around 1 May 2026.
Grounds, evidence and deposits
The updated guidance explains that possession grounds may be mandatory or discretionary. If a mandatory ground is made out, the judge must make a possession order. If a discretionary ground is used, the court must decide whether it is reasonable to make the order, even if the landlord has shown evidence for the ground.
Landlords should therefore treat evidence as part of the process from the start. GOV.UK gives examples such as rent arrears statements, evidence of antisocial behaviour, photographs of damage, evidence of an intention to sell, or documents showing a breach of the tenancy agreement.
Deposit protection is another key check. GOV.UK says that to use most possession grounds, landlords will need to show the tenant’s deposit was protected in a government-approved scheme, that the scheme requirements were met, and that the tenant received the required prescribed information. The guidance says these deposit rules do not apply to grounds 7A or 14 for antisocial behaviour.
Landlords should also check whether a particular ground has extra legal requirements. GOV.UK gives the example of grounds 1 and 1A, where the date in the notice must be after the tenant has been in the property for 12 months. Some grounds also require the tenant to have been given prior notice at the start of the tenancy.
If the tenant does not leave
If the tenant does not leave by the date in the notice, the landlord must apply to the court for a possession order. GOV.UK says the Possession Claim Online service can be used where the landlord is seeking possession only because the tenant owes rent. Other section 8 claims can use the paper-based process.
For a paper claim, the guidance refers landlords to the standard possession claim form N5 and particulars of claim form N119. It also explains that landlords may include a certificate of service, form N215, to show how and when notice was served.
The court application fee is now listed as GBP415, following the 13 July update to the guidance. A warrant of possession, if needed later, is listed at GBP148. Landlords should check current official fees before submitting paperwork, as these can change.
The guidance also sets out practical court requirements. If documents are sent by email, GOV.UK says there can only be one email, it must not be larger than 10 megabytes including attachments, and the email and attachments must not be longer than 25 pages when printed.
What happens at court
The court will send the tenant the claim papers, issue a claim number and set a hearing date. If the tenant wants to defend the claim, they should usually send a defence within 14 days of being served with the claim papers.
Before the hearing, landlords should be ready to provide the court with the case documents and supporting evidence. GOV.UK says possession hearings will usually be at the county court nearest to the property, and landlords should bring copies of all documents relating to the claim.
At the hearing, the judge may adjourn the case, dismiss the claim, make an outright possession order, or make a suspended possession order. A dismissed claim can leave the landlord unable to enforce possession and may mean starting the process again, depending on the reason.
This is where earlier administration matters. Clear copies of the tenancy, notice, service evidence, deposit documents, rent schedule, inspection records, correspondence and any relevant photographs can help show the court what happened and when.
Warrants and enforcement
If an outright possession order is made and the tenant does not leave, or if a tenant breaks the conditions of a suspended order, the landlord may need to apply for a warrant of possession. GOV.UK points to form N325 for an outright possession order and form N325A for a suspended order.
After a warrant is issued, the court sends information about the bailiff appointment and risk assessment. GOV.UK says the tenant must receive at least 14 days’ notice of the eviction appointment, and landlords must send back the relevant forms at least three working days before the appointment.
On the day of eviction, landlords should meet the bailiff outside the property, bring spare keys if they have them, and wait until the bailiff says they can enter. The guidance also notes that county court bailiffs cannot help recover rent arrears or money for damage; that requires a separate money claim.
