Section 21 is gone — Section 8 is all that’s left
Since 1 May 2026, there is no “no-fault” eviction in England. If you need to regain possession of your rental property, you must use Section 8 of the Housing Act 1988, which requires you to prove a specific ground for possession.
This isn’t new legislation — Section 8 has existed since 1988. What’s new is that it’s now your only option. Getting it right first time matters more than ever.
Step 1: Identify your ground
There are 17 grounds for possession. The most commonly used by Guildford landlords are:
- Ground 1: You want to move back in (4 months’ notice, must have given prior notice at the start of the tenancy)
- Ground 1A: You want to sell the property (4 months’ notice)
- Ground 8: Serious rent arrears — at least 2 months’ rent owed at both the date of the notice and the hearing (4 weeks’ notice, mandatory ground)
- Ground 10: Some rent arrears (2 weeks’ notice, discretionary)
- Ground 12: Breach of tenancy terms (2 weeks’ notice, discretionary)
- Ground 14: Anti-social behaviour (immediate notice possible in serious cases)
Full table with all grounds, notice periods, and whether each is mandatory or discretionary: Section 8 grounds and notice periods.
Step 2: Serve the Section 8 notice
You must serve the notice using the prescribed Form 3. The notice must:
- State the ground(s) you’re relying on
- Give the correct notice period for that ground (ranges from immediate to 4 months)
- Be served on all tenants named in the tenancy agreement
- Be served correctly (hand delivery, first class post, or left at the property)
Common mistake: Using the wrong notice period. If you serve 2 weeks’ notice on a ground that requires 4 months, the notice is invalid and you start again.
Step 3: Wait for the notice to expire
You cannot apply to the court until the notice period has fully expired. During this time, the tenant may:
- Remedy the breach (pay arrears, fix the issue)
- Leave voluntarily
- Do nothing — in which case you proceed to court
If the tenant clears the arrears before your hearing (for Ground 8), the mandatory ground falls away. You may still have Ground 10 as a backup, but it’s discretionary — the court doesn’t have to grant possession.
Step 4: Apply to the court
If the tenant hasn’t left, you apply to the county court for a possession order. You’ll need:
- The N5B claim form (accelerated procedure for mandatory grounds) or N5 (standard procedure)
- A copy of the Section 8 notice as served
- Proof of service
- Evidence supporting your ground (rent statements, breach records, etc.)
- Court fee (currently £355)
Standard possession claims take 6–10 weeks to reach a hearing. Accelerated claims (mandatory grounds only) can be decided on paper without a hearing, but often take just as long in practice.
Step 5: The hearing
For mandatory grounds, if you’ve proved the ground is met, the court must grant possession. For discretionary grounds, the judge weighs reasonableness — they may grant possession, refuse it, or grant it with conditions (e.g. a payment plan for arrears).
The court typically grants 14 days for the tenant to leave, though this can be extended to 42 days in cases of exceptional hardship.
Step 6: Enforcement (if needed)
If the tenant doesn’t leave by the date on the possession order, you apply for a warrant of possession (Form N325, fee £130). County court bailiffs will then schedule an eviction date — typically 4–8 weeks after the warrant is issued.
You cannot change the locks yourself, remove the tenant’s belongings, or cut off utilities. That’s illegal eviction regardless of whether you have a court order.
Total timeline
From serving notice to getting the property back (assuming the tenant doesn’t leave voluntarily):
- Best case (Ground 8, 4 weeks’ notice, accelerated): 4–5 months
- Typical case (Ground 1A, 4 months’ notice, standard hearing): 7–9 months
- Worst case (discretionary ground, contested, bailiff enforcement): 10–14 months
This is why prevention matters more than cure. Good tenant referencing, responsive management, and early intervention on arrears will save you more than any court process.
When to get professional help
If you’re a landlord in Guildford, Woking, or Godalming considering possession proceedings, get advice before serving the notice — not after. A single error in the notice can add months to the process and hundreds in wasted court fees.
For the full context on why Section 21 was abolished and what replaced it: The Renters’ Rights Act explained: a landlord’s guide.
