A step-by-step guide with recent updates, court timelines and what to expect in 2025
Evicting a tenant isn’t something any landlord wants to do — but when rent goes unpaid or there’s a serious breach of tenancy, sometimes it’s the only option. One of the most common questions we’re asked is:
“How long does the eviction process actually take?”
The answer depends on a few key factors: the type of tenancy, the grounds for eviction, how the notice is served, and whether the tenant leaves voluntarily. Delays in the court system can also have a big impact, especially post-pandemic.
This guide breaks it all down, step by step, so you know what to expect if you're starting the eviction process in England.
Step 1: Choose the Right Notice – Section 8 or Section 21
Your first step is to serve the correct notice:
Section 8 Notice (for breach of tenancy, e.g. rent arrears or anti-social behaviour)
You can use this if your tenant has broken the terms of their tenancy. The notice period can be as short as 2 weeks, depending on the grounds used.
Section 21 Notice (no-fault eviction)
Used when the fixed term is ending, or the tenancy is rolling. You don’t have to give a reason, but you must give at least 2 months’ notice.
Important update:
The government’s proposed Renters Reform Bill plans to abolish Section 21 “no-fault” evictions, though no firm date is in place yet (as of 2025). Landlords should stay updated, especially if planning a Section 21 route.
Step 2: Serve the Notice & Wait
Once the notice is served, you must give the tenant the correct amount of time to leave:
Section 8 – usually 14 days, but can vary depending on grounds.
Section 21 – currently 2 months minimum.
If the tenant leaves on their own, the process ends here. But if they don’t leave by the date given, you'll need to apply to court.
Step 3: Apply to the County Court for Possession
If the tenant doesn’t move out, you can apply for a Possession Order from your local County Court.
There are two main routes:
Standard possession claim – used for both Section 8 and Section 21 evictions.
Accelerated possession claim – available for Section 21 if there’s no rent arrears and you want a quicker process (no hearing needed unless defended).
How long this takes:
Due to court backlogs post-COVID, it’s currently taking around 6–10 weeks for standard possession claims to reach a hearing, and slightly less for accelerated claims. Defended claims or incomplete paperwork can cause further delays.
Step 4: Court Hearing & Possession Order
If your claim goes to court, a judge will review the evidence. If everything is in order, the judge may grant a 14-day Possession Order (sometimes 28 days if there’s hardship).
If the tenant still doesn’t leave, you must then request bailiff enforcement.
Step 5: Bailiffs or High Court Enforcement
If the tenant refuses to leave by the possession date, you’ll need to apply for a warrant of possession, and the court will schedule a County Court bailiff to remove the tenant.
Alternatively, for quicker action, you can apply to transfer the case to the High Court and use High Court Enforcement Officers (HCEOs) — but this requires additional permission and can be more costly.
Current waiting times:
County Court bailiffs: usually 4–8 weeks from request to eviction
High Court enforcement: often 2–4 weeks, but requires court approval
So, How Long Does the Whole Eviction Process Take?
Here’s a typical timeline (if the tenant does not leave voluntarily):
|
STAGE |
TIMEFRAME |
|
Serve notice (Section 8 or 21) |
2 weeks – 2 months |
|
Apply to court |
~1 week |
|
Possession claim processed |
6–10 weeks (post-COVID delay) |
|
Possession order granted |
14–28 days for tenant to leave |
|
Bailiff enforcement |
4–8 weeks (longer in some areas) |
Estimated total: 3 to 6 months, depending on the type of notice, court delays, and tenant behaviour
How to Avoid Delays
Serve the correct notice with full legal compliance
Keep good records of tenancy agreements, payments, and communication
Use a solicitor to avoid costly mistakes or invalid claims
Act early – don’t wait for months of unpaid rent before taking advice
Need Help Evicting a Tenant?
At Scarton Law, we help landlords across Hull, Leeds, East Yorkshire and the UK navigate the eviction process clearly and correctly. Whether you need help drafting a notice, issuing a court claim, or recovering unpaid rent, we’re here to support you every step of the way.
Contact us for expert advice!
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