Evict a tenant — the legal way

Section 8 requires you to state a legal ground. For rent arrears, the main mandatory ground now generally needs at least three months’ (or the equivalent) arrears both when you serve the notice and at the hearing, with four weeks’ notice. To sell (Ground 1A) or move in (Ground 1) you generally need four months’ notice and can’t use those grounds in the first 12 months. Other grounds carry their own notice periods. Choosing the wrong ground or the wrong period can make the whole notice invalid and cost you months, so GitLaw asks about your situation and prepares the notice on the ground that fits. Confirm the current grounds and periods for your case — this isn’t legal advice.

Since 1 May 2026 the prescribed Section 8 form is Form 3A (it replaced the old Form 3), or a form substantially to the same effect. A notice on the old form or with the wrong prescribed information can be challenged. GitLaw prepares the notice on the current Form 3A with the grounds and notice period completed for you. Always check you’re using the current prescribed form before serving.

Longer than it used to. The accelerated, paper-only possession procedure went away with Section 21, so possession claims now go through a court hearing. In outline: serve the correct Section 8 notice and wait out the notice period; if the tenant stays, issue a possession claim at court; attend a hearing; and, if you get an order and the tenant still doesn’t leave, apply for a warrant so a county court bailiff (or, on transfer, a High Court enforcement officer) carries out the eviction. Court timescales vary. GitLaw prepares the documents at each step; you file and attend.

Never do this — in the UK and in the US. Changing the locks, removing a tenant’s belongings, or cutting off utilities to force someone out is a criminal offence in England and Wales under the Protection from Eviction Act 1977, and illegal self-help eviction in all 50 US states. Only a court, enforced by a bailiff, sheriff or marshal, can lawfully remove a tenant. Doing it yourself can lead to prosecution, fines, and having to compensate the tenant. GitLaw only ever prepares lawful notices and court documents.

In the US, the required notice depends entirely on your state and the reason. For unpaid rent, some states use a short pay-or-quit notice (for example, three days in California and Texas, or a 14-day rent demand in New York); others differ. Cure-or-quit and unconditional-quit notices have their own rules. GitLaw prepares a notice shaped to your state and situation. One important limit: if you own the property through an LLC or company, many courts (including in New York and Florida) won’t let a company file an eviction case without a lawyer — so you’ll likely need an attorney to file, even though GitLaw can prepare the paperwork.

GitLaw is a document-preparation and guidance tool, not a law firm, and it doesn’t give legal advice or represent you. It helps you pick the right notice for your situation, prepares it and the court-claim pack, and explains the steps in plain language. You serve the notice and file the claim yourself (or through a solicitor or attorney). For anything contested, high-value, or where a company must be represented, get a qualified lawyer.