Why the file matters
Since 1 May 2026 possession needs a ground and, if the tenant does not leave, a court order. A claim can be dismissed or delayed when a notice is incomplete, or when the evidence does not support the ground. Good preparation is the cheapest protection against that.
Choosing the right ground
The ground must match the facts. Ground 1 covers moving in yourself or a close family member, and Ground 1A covers selling, and neither can be used in the first 12 months of a tenancy. Grounds 8, 10 and 11 cover rent arrears, while Grounds 7A and 14 cover serious antisocial behaviour and nuisance. Notice periods differ for each ground.
Some grounds are mandatory, meaning the court must order possession if the ground is proved. Others are discretionary, so the court also asks whether an order is reasonable. It is worth knowing which applies before you spend money on a claim.
What the court process looks like
If the tenant has not left when the notice ends, you can apply to the county court, usually on Form N5 with a particulars of claim form. The court then sets a hearing, or in some cases deals with the matter another way. Only court bailiffs or other authorised officers can then carry out an eviction, if the tenant remains after an order.
Timescales vary between courts. If a sale or a move is planned, allow for this, and be realistic about dates when making commitments to buyers or lenders.
What we organise
We build a clear file around the ground you are considering. If the facts do not appear to support it, we will tell you that before you spend money on the next step.
- Tenancy agreement, deposit and safety records
- Rent statement, for arrears grounds
- Incident log, for antisocial behaviour
- Evidence for sale or moving in, where relevant
- A timeline of notices and correspondence
Try to resolve it first
A repayment plan or a negotiated move-out date can save months and legal costs for both sides. We encourage this before formal steps, and can help you write the proposal. Never change locks or remove belongings, as that can be illegal eviction.
Serving the notice
Use the current Form 3A from GOV.UK and set out the ground and reasons in full. Take advice before serving it if there is any doubt. We can introduce you to a solicitor with your consent, who can review the notice and run any claim.
Give the legal reviewer a chronology with references
Order the tenancy agreement, notices, correspondence and relevant evidence by date, and give each item a short reference. For rent arrears, reconcile the statement to payments received. For another ground, identify which documents support the facts you intend to rely on. Include contradictory information so a solicitor can assess the complete position.
Keep preparation separate from the decision to serve a notice or issue proceedings. A folder of documents does not establish that a possession ground is available or that the required notice has been served correctly. Tell the reviewer about complaints, deposit issues and previous proceedings. You remain responsible for obtaining advice on the proposed legal step and complying with any court directions.
Official guidance for this service
Use these sources to check the rules and procedures relevant to your situation. Our preparation service is independent of the organisations linked below.
Questions about this service
Can I use Section 21 if my tenancy is old?
No. Section 21 notices cannot be served from 1 May 2026, however old the tenancy is. Some cases that were already under way may continue, so take advice on those. Keep any historic notice and claim papers so an adviser can check transitional issues against their actual dates. A template used for an earlier tenancy should not be reused for a new notice simply because the original agreement still refers to Section 21.
How much notice do I have to give?
It depends on the ground. Selling or moving in usually needs four months, and Ground 8 needs four weeks, for example. Check the current rules for your ground before serving. Identify every ground you intend to rely on and the tenancy route before calculating dates. Keep evidence of delivery and any required prior notice. We organise the file, but a solicitor should advise where grounds overlap, facts are contested or an old notice raises transitional questions.
Can I re-let after using the sale ground?
There are restrictions on re-letting for 12 months after using Ground 1 or 1A, and there are penalties for misusing them. Check the rules and take advice if your plans change. Keep the original possession reason and any later change in circumstances in a dated record. Obtain advice before advertising or accepting a new tenancy if your plans alter. Our preparation cannot authorise re-letting or remove restrictions attached to how possession was obtained.
Will you go to court for me?
No. We prepare the file, and a solicitor can run the claim. You can also represent yourself, but legal advice is sensible for anything contested. We can assemble an indexed chronology, rent schedule and supporting documents for you or your legal representative. Court deadlines, pleadings and advocacy remain your or your representative’s responsibility. Make the handover arrangements clearly so neither party assumes the other is filing or attending.
Can you serve the notice for me?
You or your solicitor serve it. We help you prepare and keep a record of how it was served. Agree the proposed service method and address with your legal adviser where necessary, and preserve a complete final copy. The delivery date can affect the next step, so record what was sent and how. Preparing a notice or uploading it to your account is not the same as serving it.
Does this cover rent arrears?
Yes. Grounds 8, 10 and 11 rely heavily on an accurate rent statement. Bring the full rent ledger, payment receipts, credits and correspondence about disputed amounts or benefit delays. We help reconcile the figures and organise the history for review. The appropriate ground and legal strategy require separate assessment; an organised statement does not by itself prove a possession claim.
