Working out how long an eviction will take can be difficult, especially with the Renters’ Rights Act expected to come into force in May 2026. The current system already involves several procedural stages, and the reforms will change the way you recover possession of your property. This guide sets out how long evictions usually take now, what slows them down and how the upcoming changes are likely to affect the process.
The current eviction framework in England and Wales
At the moment, you can recover possession through two main routes:
- Section 21 (no-fault possession): this can be used if the tenancy is an assured shorthold tenancy and you have met all legal requirements, such as protecting the deposit and serving the correct safety documents. You do not need to prove a breach.
- Section 8 (fault-based possession): this is available when you rely on a statutory ground, such as rent arrears or anti-social behaviour. You must provide evidence to support the ground you choose.
In certain Section 21 cases, you may also be able to use the accelerated possession procedure, which allows the court to deal with your claim on paper, often without a hearing. This can speed up the process significantly if you meet the eligibility criteria.
If the accelerated route does not apply, the standard county court process is used. Administrative delays and incomplete documentation are common causes of slower progress.
Current eviction timelines
While every case differs, the process usually follows a consistent sequence:
- Preparing and serving notice: this stage can take several days to several weeks, depending on the availability of documentation and whether earlier compliance issues need addressing.
- Notice period:
- Section 21 requires at least two months’ notice.
- Section 8 notice periods vary depending on the ground, ranging from immediate notice to several weeks.
- Once the notice expires, landlords must begin court proceedings if the tenant remains in occupation.
- Issuing proceedings: filing a claim usually takes one to three weeks, depending on the landlord’s preparation and the court’s administrative pace.
- The possession hearing: in standard claims, a hearing is often listed eight to twelve weeks after issue. Disputes or evidential gaps can extend this stage.
- Accelerated possession procedure: where available, this route can avoid the need for a hearing. Courts typically make paper-based decisions, which can reduce the wait compared with standard Section 21 claims. However, if the tenant raises a defence or the court identifies procedural issues, a hearing may still be required.
- Possession orders: courts often grant 14-day orders, though this may extend to six weeks in cases of exceptional tenant hardship.
- Enforcement: if the tenant remains, bailiff enforcement takes several weeks. Some landlords seek High Court enforcement, though this requires specific permission.
Taken together, the process commonly lasts four to eight months. Cases using the accelerated procedure may progress more quickly, provided the claim is correctly prepared.
Landlord obligations affecting current timelines
Several compliance requirements influence how quickly a landlord can act:
- Deposit protection: incorrect protection or missing prescribed information blocks the use of Section 21 and may lead to penalties.
- Safety documentation: gas safety records, electrical checks, and EPCs must be served appropriately. Missing documents can invalidate notices.
- Licensing and HMO rules: failing to meet licensing obligations can prevent Section 21 claims and create additional procedural hurdles.
- Evidence gathering: Section 8 claims depend on accurate rent schedules, communication logs, and records of breaches. Weak or incomplete documentation often results in delays.
Gaps in compliance are a frequent source of extended timelines.
Overview of the Renters’ Rights Act
The Renters’ Rights Act will bring substantial reform to possession processes from May 2026. Key points include:
- Abolition of Section 21: the no-fault route will be removed entirely.
- Move to a single system of periodic tenancies: fixed terms will be replaced with rolling tenancies.
- Revised grounds for possession: statutory grounds will be modernised and expanded, covering matters such as rent arrears, landlord intention to sell or anti-social behaviour.
- Updated notice periods: notice requirements are expected to align with the new grounds.
- Court reform measures: the Government intends to improve court efficiency to support the transition, though the scale of these improvements remains uncertain.
- Transitional arrangements: existing assured shorthold tenancies will shift to the new regime over a phased period.
How eviction timelines may change after May 2026
The removal of Section 21 will reshape eviction timing in several ways:
- Increased reliance on documentary evidence: landlords will need clear, organised records to support statutory grounds. Preparation time may increase, especially for conduct-based cases.
- Changes to notice requirements: revised notice periods may alter the overall timeframe.
- Potential pressure on the court system: more cases may require hearings once the no-fault route is removed, which may lengthen waiting times unless court reforms address existing backlogs.
- Periodic tenancies and predictability: without fixed-term expiries, landlords will rely solely on grounds for possession, which may make timing more variable.
Overall, the timeline is expected to depend more heavily on the nature of the statutory ground and the quality of the landlord’s evidence.
Preparing for the 2026 reforms
Landlords can begin preparing for the new system now by:
- Reviewing tenancy documents to confirm all compliance requirements have been met: this allows you to identify and correct missing paperwork, helping you avoid delays when possession claims become more evidence-driven under the new system.
- Recording rent arrears, disputes, and behavioural issues in detail: clear records will support future statutory grounds for possession, making it easier to present a consistent and reliable account if the tenant challenges your claim.
- Auditing gas, electrical and licensing documentation: carrying out a full safety and licensing review now helps you resolve compliance gaps that may otherwise disrupt or weaken possession proceedings after the reforms.
- Updating internal processes to reflect the need for evidence-driven claims: adjusting how you record communication, breaches and inspections prepares you for a system where courts place greater weight on documented evidence.
- Planning for the eventual move away from fixed-term contracts: considering how rolling tenancies will affect your lettings strategy helps you adapt smoothly once fixed terms are phased out.
- Using an eviction service: these are specialists in housing law who can guide you on the above and help you reclaim your property while adhering to the changes.
Eviction timelines can vary, and your progress will depend on the notice you use, the strength of your documentation, court availability and enforcement times. The accelerated procedure may help you move more quickly, but only where your paperwork is accurate and the claim is unlikely to be challenged. From May 2026, the Renters’ Rights Act will introduce a system based entirely on statutory grounds and periodic tenancies, making preparation and clear record-keeping central to how efficiently you can recover possession.