Removing A Tenant: The Likely Timescales

We are frequently asked how long it will take to regain possession of a property from a tenant. The answer now depends on whether the tenant agrees to leave, whether a valid pre-1 May 2026 notice is still being relied on under the transitional rules, or whether the landlord must use the new post-1 May 2026 possession regime introduced by the Renters’ Rights Act 2025.

There are now broadly three routes by which a tenant may leave a property. The tenant may leave by agreement. The landlord may be able to continue with a valid notice served before 1 May 2026, but only if the transitional rules are satisfied. Otherwise, the landlord will need to use the new section 8 possession process. Our advice to landlords is to assume that the process will be slower, more evidence-heavy and more contested than many historic section 21 cases. 

The timescale will vary depending on the ground relied on, the notice period, the tenant’s response, the evidence available, whether the claim is defended, and the court and bailiff availability in the relevant area. Court delays remain a significant practical issue. Before the new regime, even section 21 cases could often take around 8 to 12 months from notice to physical possession where tenants did not leave and enforcement was required. With section 21 abolished for new notices, the accelerated possession route removed for ordinary future cases, a larger volume of cases expected to proceed by section 8, and each new notice-based case likely to require a hearing, landlords should expect further delay.

The Tenant leaves by agreement

This remains the fastest way to recover possession. If the tenant agrees to leave, vacant possession can sometimes be recovered in a matter of days or weeks.

Landlords should, however, proceed carefully. Any agreement should be properly documented, usually by a deed of surrender, confirming the date on which the tenancy ends, the handing back of keys, the treatment of rent arrears, the deposit, any agreed payments, and the condition in which the property is to be left. Any negotiation should generally be conducted on a “without prejudice” basis until terms are agreed.

A promise by a tenant to leave is not, by itself, a substitute for possession. Unless and until the tenant actually vacates and gives up possession, the landlord should not change the locks or otherwise exclude the tenant. A landlord who removes a tenant without lawful authority risks a claim for unlawful eviction.

Where a landlord is considering paying a tenant to leave, or forgiving rent arrears, the agreement should be carefully drafted and payment should usually be conditional on actual vacant possession being given. Landlords should also ensure that any agreement is genuinely voluntary and not obtained by pressure, threats or conduct that could later be characterised as harassment.

Transitional Cases: Notices Served Before 1 May 2026

If a landlord served a section 21 notice before 1 May 2026, the notice can now only be used to start court proceedings up to and including the earlier of the time left on the notice or 31 July 2026. If the earliest date for possession proceedings in the notice is on or after 1 August 2026, the notice will be invalid for the purposes of issuing possession proceedings. . 

The same Government guidance confirms that section 21 evictions have been removed for existing and new tenancies since 1 May 2026. As a result, a landlord who did not serve a valid section 21 notice before that date cannot now serve one.

For section 8 notices served before 1 May 2026, the transitional rules are also time-limited. If a landlord gave a section 8 notice before 1 May 2026, it can only be used to start court proceedings until the earlier of 12 months after the notice was given or three months beginning with 1 May 2026. In practical terms, that gives a longstop of 31 July 2026 where the three-month period is the earlier date. 

In timing terms, a transitional section 21 case may still take around 8 to 12 months from notice to physical possession where the tenant does not leave voluntarily and bailiff enforcement is required. If there is a validity issue, court delay or enforcement backlog, it may take longer.

Possession is obtained using the revised grounds under Section 8 of the Housing Act 1998

For notices served on or after 1 May 2026, private landlords in England must use the new section 8 notice process.

As a rough guide, section 8 possession under the new regime should be treated as a many-month process rather than a short administrative step. Even relatively straightforward claims may take around 6 to 12 months to reach physical possession if the tenant remains in occupation, and more complex or defended cases may exceed that.

The grounds for possession are either mandatory or discretionary. If a mandatory ground is proved, the court must make a possession order. If a discretionary ground is proved, the court may make a possession order only if it considers it reasonable to do so. .

The notice period depends on the ground relied on. Some grounds also require additional preconditions. Government guidance notes that certain grounds require prior notice to have been given to the tenant at the start of the tenancy, including some superior lease, student accommodation and employment-related grounds. Landlords should therefore check the tenancy documents and any prescribed information before serving notice.

Where the correct ground and evidence are identified at the outset, this may save months. Where the wrong ground is selected, or a notice has to be re-served, the landlord may lose the whole notice period and then have to restart the court timetable.

The total timescale is likely to be longer and less predictable than under the old section 21 accelerated possession route. All claims issued based upon notices served after 1 May 2026 will require a hearing to be listed. We expect this to cause significant backlog with the Court system which has been struggling already with the old regime. 

Recommendations

Landlords should act promptly, but not hastily. The new regime places more emphasis on selecting the correct ground, complying with procedural requirements, and preparing evidence. A defective notice or weakly evidenced claim may cost more time than taking proper advice before service.