Tenant not paying rent? Your step-by-step guide
Since 1 May 2026, Section 21 has gone in England. To get your property back for rent arrears you now use a Section 8 notice with the right grounds, and the rules on how much must be owed have changed.
Answer five quick questions and we'll show you where you stand, your options and a realistic timeline.
Getting your property back for rent arrears (England) at a glance
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1
Check your paperwork
Tenancy agreement, deposit protection and prescribed information, gas safety and EPC records, and a clear rent statement.
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2
Serve a Section 8 notice (Form 3A)
Rely on Grounds 8, 10 and 11. Serve it on every tenant and keep proof of how and when.
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3
Issue a possession claim
Online (Possession Claim Online) for rent arrears, or on paper forms N5 and N119.
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4
Tenant can defend
Send the court your evidence at least 14 days before the hearing.
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5
Hearing and possession order
If Ground 8 is proved the judge must order possession; up to 6 weeks in cases of exceptional hardship.
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6
Bailiffs
If they don't leave, apply for a warrant (N325). The tenant gets at least 14 days' notice of the eviction date.
Common questions
How much rent must be owed to use Ground 8?
At least 3 months' rent (13 weeks if rent is paid weekly or fortnightly), both when you serve the notice and at the court hearing. Arrears caused only by a Universal Credit payment that is due but not yet paid don't count.
Can I still use a Section 21 notice?
No. Section 21 was abolished in England on 1 May 2026. Rent arrears cases now use Section 8.
Can I change the locks?
No. Evicting without a court order and bailiffs, or harassing a tenant to leave, is unlawful and can be a criminal offence.
How long does it take?
The notice is 4 weeks; after that it depends on how busy your local court is. Landlords commonly report several months from notice to bailiffs.
Sources: GOV.UK: repossessing your property after 1 May 2026 · NRLA: Section 8 notices. Checked 31 Oct 2026. General information, not legal advice.