Government issues guidance on court eviction process for landlords

Property118

Government issues guidance on court eviction process for landlords

The government has issued guidance for landlords on the process they will need to follow to evict tenants under the Renters’ Rights Act.

According to the guidance, after 1 May 2026, landlords wishing to evict a tenant solely for unpaid rent will need to use the Possession Claim Online Service (PCOL).

If eviction is for any other reason under Section 8, landlords will need to use the paper-based service.

Landlords must give tenants the correct notice period for each ground

Under the Renters’ Rights Act, there will be specific grounds on which a landlord can end a tenancy.

Landlords must give tenants the correct notice period for each ground. If a tenant does not vacate the property during the notice period, landlords will be able to apply to the court to evict them.

As previously reported by Property118, the government has published a list of mandatory grounds that landlords can use.

If a landlord can prove one of these grounds, the court will grant a possession order, allowing the eviction process to proceed.

The guidance says that landlords will only be able to use PCOL for eviction due to unpaid rent. The online service costs £404, allows landlords to complete court forms digitally, and provides updates on the progress of the claim.

However, landlords cannot use the online service for other types of standard possession claims, such as evicting tenants to sell the property or for breaches of the tenancy agreement.

Tenants have 14 days to file a defence

According to the government guidance, after receiving the claim, the court will:

• send a copy of the application to the tenant
• issue the landlord with a notice of issue and claim number
• set a possession hearing date

Tenants have 14 days to file a defence, and the court will provide a copy to the landlord. The guidance recommends seeking legal advice where a defence is raised.

At least 14 days before the hearing, landlords must send the court:

• the completed N5 and N119 forms
• all supporting documents and evidence
• a copy of the tenant’s defence, if submitted

Most hearings will be held at the county court closest to the property. Landlords must bring copies of all relevant documents and notify the court in advance if they require assistance attending the hearing.

Landlords will need to provide evidence to prove the grounds for possession. Examples include:

• rent account statements
• witness evidence of antisocial behaviour
• photographs of property damage
• proof they intend to sell (such as instructions to an estate agent)
• evidence of tenancy breaches, including unlawful subletting

Dismissal may occur if the landlord has not followed procedure

According to the government guidance, in the hearing, the judge may adjourn, dismiss the claim, or issue either an outright possession order or a suspended possession order.

Dismissal may occur if the landlord has not followed procedure, fails to attend, cannot prove the ground, or if rent arrears have been cleared. If dismissed, the landlord will not receive a possession order and may be ordered to pay the tenant’s legal costs. A new claim may still be possible, but the process must be restarted.

If an outright possession order is granted, the tenant must leave by the date specified. For mandatory grounds, this is usually within 14 days, although judges may allow up to six weeks where extreme hardship is shown. Longer delays may apply for discretionary grounds.

Property118 commercial reality check

The guidance adds yet another layer of pressure on responsible landlords who already carry the financial and operational risk of providing homes. The system is tighter, slower and unforgiving of small mistakes. Professionals will need to defend their position with precision, not frustration.

What serious landlords should do next

Map your possession routes now. Clarify which grounds may apply across your portfolio so you are never forced into last-minute decisions. A clear route map reduces anxiety and gives you back control over timing and cost.

Strengthen evidence discipline. Courts expect landlords to carry the burden of proof, even when the situation is obvious. Build a reliable paper trail for arrears, anti-social behaviour and breaches. Strong evidence protects you from unnecessary adjournments and helps you avoid the feeling of being treated unfairly.

Model both PCOL and paper-based scenarios. Arrears cases move online, everything else stays on paper. This split system creates uncertainty. Integrate both pathways into your cashflow forecasts so delays do not push stress onto your financing or maintenance plans.

Selective disposals. Some landlords will choose to exit problem assets rather than shoulder repeated procedural battles. Plan timelines, notice requirements and marketing windows early so you remain in command of any disposal strategy. If you are considering selling, it is worth reviewing this guide on calculating Capital Gains Tax before making any decisions: https://www.property118.com/why-every-landlord-should-calculate-cgt-before-selling-a-single-property/

Advantage through professionalism

The system may feel stacked against landlords, yet professionalism restores the balance. Prepared landlords win hearings more cleanly, avoid wasted costs and maintain confidence in their long-term strategy.

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