The Essential Guide on How to Evict a Residential Tenant Legally

Introduction to Eviction

Evicting a tenant in the UK is a legal process governed by detailed legislation. For landlords, the eviction process can be challenging, especially when faced with uncooperative tenants or complex tenancy arrangements. However, by understanding the correct procedures, a landlord can avoid costly mistakes, delays, and legal consequences.

This guide outlines each step of the eviction process, focusing on assured shorthold tenancies (ASTs) and periodic tenancies, the most common arrangements in England. It also touches on the eviction of commercial tenants, where the rules differ significantly.

Types of Tenancies

The type of tenancy agreement in place determines how a landlord must proceed with an eviction. The two most common tenancy types are:

• Assured Shorthold Tenancy (AST): The default form of residential tenancy since the Housing Act 1988. It typically includes a fixed term (usually six or twelve months), after which it may continue as a periodic tenancy.
• Periodic Tenancy: This arises either when the fixed term ends and no new agreement is signed, or when the agreement was periodic from the outset. It renews automatically, typically month-to-month.

Other tenancy types include the assured tenancy, which offers tenants greater security than an AST and is less common for new agreements. Eviction procedures, such as serving a Section 8 notice, can apply to both assured tenancies and the less common assured agricultural occupancy. Assured agricultural occupancies have specific legal requirements and grounds for possession, so special rules may apply.

In Scotland, most new tenancy agreements since December 2017 are classed as a private residential tenancy, which is governed by its own eviction rules under the Private Housing Tenancies (Scotland) Act 2016.

Recent and upcoming legislative changes, such as the abolition of Section 21, will impact both existing tenancies and new tenancies. Landlords should ensure they understand how these changes affect their particular tenancy type and situation.

Understanding the nature of the tenancy is fundamental to selecting the correct legal route for eviction.

Notice Periods

The notice period a landlord must give depends on the grounds for eviction and the type of tenancy.

• Section 21 Notice (no-fault): For ASTs, a landlord can use this route to regain possession without giving a specific reason. The landlord must provide at least two months’ written notice to the tenant, and the tenancy must be outside the fixed term.
• Section 8 Notice (fault-based): Used when the tenant has breached the terms of the tenancy (such as not paying rent or causing damage). The written notice period varies depending on the ground used (e.g. as little as two weeks notice for rent arrears, or two months for anti-social behaviour), and must always be given in writing.
• Periodic Tenancies: A landlord must usually provide at least one rental period’s notice (often one month), but this may vary if the tenancy agreement states otherwise.

Is Section 21 Banned?

As of mid-2025, Section 21 has not yet been fully banned, but it is due for repeal under the Renters’ Reform Bill, which is making its way through Parliament. The government has committed to abolishing so-called ‘no-fault evictions’, where landlords can end an assured shorthold tenancy without giving a reason, provided they follow the correct procedure. The proposed reforms aim to provide tenants with greater security, meaning landlords will need to rely solely on fault-based grounds under Section 8. Until the legislation is enacted and a formal commencement date is announced, landlords can still lawfully use Section 21 notices, subject to the current legal conditions.

How Much Notice is Required?

The notice period required to evict a tenant depends on the type of tenancy and the grounds for eviction. For assured shorthold tenancies, a Section 21 notice is the most common route for regaining possession and requires a minimum of two months’ notice. This notice must be given in writing and cannot expire before the end of the fixed term unless a break clause in the tenancy agreement allows

Serving an Eviction Notice

Issuing a notice is the starting point in the legal eviction process, and serving notice correctly is crucial to initiate the process lawfully. There are two main types of notice for residential tenancies:

• Section 21 Notice: Suitable for regaining possession without alleging wrongdoing. Landlords must give notice using the correct specific form—Form 6a—for a Section 21 notice. However, it is only valid if certain requirements have been met, such as providing the tenant with a copy of the EPC, gas safety certificate, and ‘How to Rent’ guide.
• Section 8 Notice: Appropriate when the tenant has failed to comply with the tenancy agreement. In this case, a tenants notice (Section 8 notice) is used. Landlords must give notice using the specific form—Form 3—for a Section 8 notice. This notice must cite the specific grounds (e.g. rent arrears, criminal activity), and include evidence if taken to court.

Giving notice in the proper way, using the correct specific form and following the required notice periods, is essential for the notice to be valid.

The notice must be served in writing and delivered either in person, by post, or via email (if agreed upon). Proper documentation is vital in case the matter escalates to court.

reak Clause and Fixed Term

Many tenancy agreements include a break clause, allowing either party to terminate the agreement before the fixed term ends. Break clauses can apply to both fixed term tenancies and periodic tenancies. However, specific conditions must be met, such as a minimum duration before the break clause can be activated.

In a fixed-term tenancy, the tenant has a right to remain in the property until the term expires, unless they breach the agreement. If a new tenancy, such as a replacement tenancy, is created after the fixed term, the notice requirements for ending the tenancy may change. A landlord cannot usually regain possession before the end date without a valid reason under Section 8.

Reviewing the tenancy agreement is essential before proceeding with eviction during the fixed term.

Accelerated Possession Order

If the landlord has served a valid Section 21 notice and the tenant has not vacated, they may apply for an accelerated possession order. This process bypasses the need for a court hearing, provided the paperwork is in order and there are no disputes.

Key points:

• Only available for ASTs.
• No claim for rent arrears can be made as part of this process.
• The court typically decides based on written evidence, expediting the timeline.

This is often the fastest route to regain possession, especially where the tenant is not challenging the notice.

Court System and Procedure

If the tenant fails to leave after receiving a valid notice, the landlord must apply to the county court for a possession order. This is required whether proceeding under Section 21 or Section 8.

The process involves:

1. Filing a possession claim online or via post.
2. Paying the court fee (currently £355 for a standard claim).
3. Attending a hearing if required (especially under Section 8).

In some cases, landlords can request enforcement through the High Court, which may be faster than using county court bailiffs.

The court will review the documents, hear any defences raised by the tenant, and then decide whether to issue a possession order. If a possession order is granted, the court will specify the eviction date by which the tenant must leave.

Possession Order: What It Is and How to Obtain One

Warrant for Possession: Enforcing the Court’s Decision

Court Bailiffs and Enforcement

If the court grants a possession order and the tenant still refuses to leave, the landlord must apply for a warrant of possession, allowing court-appointed bailiffs to enforce the eviction. If the tenant refuses to vacate even after a possession order has been issued, enforcement by bailiffs becomes necessary.

Steps include:

• Submitting form N325.
• Paying the fee (currently £130).
• Waiting for the court to arrange a date for bailiff attendance.

Bailiffs provide the tenant with notice before attending. The process may take several weeks, so early application is advisable. Tenants who are facing eviction may seek assistance or advice from the local council.

Cost of Eviction: Fees and Expenses Explained

Professional Notice Server: When and Why to Use One

Evicting a Tenant Legally

Legal eviction involves three main stages to legally evict tenants:

1. Serving a correct notice (Section 21 or Section 8).
2. Obtaining a possession order through the court.
3. Using bailiffs if necessary.

Shortcuts, such as changing locks or harassing tenants, are illegal and could result in criminal charges or civil claims against the landlord. Keeping records of all actions is important for legal protection.

Tenancy Deposit Schemes and Protection

Landlords in England must protect the tenant’s deposit in a government-approved tenancy deposit scheme (TDP) within 30 days of receipt. They must also provide:

• Prescribed information.
• Details of the chosen scheme.

Failure to comply prevents the use of Section 21 and may lead to fines up to three times the deposit amount.

Before eviction, it is worth confirming that deposit protection rules were followed properly.

Grounds for Eviction and Evidence

Section 8 notices require valid grounds as set out in the Housing Act 1988. Common ones include:

• Ground 8: Rent arrears of at least two months (unpaid rent).
• Ground 10: Some rent unpaid.
• Ground 11: Persistent delay in rent payments.
• Ground 14: Anti-social behaviour.

The landlord must provide evidence, such as:

• Rent statements.
• Photographs of damage.
• Witness statements.

A lack of evidence can weaken the case, even if the valid grounds are present. When the tenancy ends, both landlords and tenants have obligations, such as finalizing rent payments and ensuring the property is returned in good condition.

Preparing for the Possession Hearing

Preparation is vital for court success. A landlord should bring:

• A copy of the tenancy agreement.
• Proof of notice service.
• Deposit protection certificates.
• Rent records or evidence of breaches.

Understanding court etiquette and likely questions will help present a clear and lawful case.

Legal representation is not compulsory, but it can be useful, particularly if the tenant is disputing the claim.

Getting Legal Help and Advice

Given the complexities of eviction law, seeking advice from a qualified solicitor is often worthwhile. Legal professionals can:

• Review notices for accuracy.
• Assist in court paperwork.
• Represent landlords in hearings.

Advice can also be sought from:

• Citizens Advice.
• Landlord associations.
• Specialist housing solicitors.

Legal fees are an added cost, but avoiding procedural errors can save time and money in the long run.

Additional Tips and Considerations

• Keep detailed records of all correspondence and rent payments.
• Communicate clearly with tenants throughout the process.
• Avoid aggressive or threatening behaviour.
• Maintain the property in line with legal obligations (e.g. gas safety).
• Thoroughly reference and credit-check prospective tenants to reduce the risk of future rent arrears or eviction.

Landlords should also remain informed of any legislative changes, such as the ongoing reform of eviction laws through the Renters’ Reform Bill, which are particularly relevant to the private rented sector.

Eviction and the Law

The current legal framework is primarily governed by:

• Housing Act 1988.
• Protection from Eviction Act 1977.
• Renters’ Reform Bill (proposed).
• Renters Rights Bill (proposed).

The Renters’ Reform Bill proposes to abolish Section 21, meaning all evictions will eventually need to be fault-based. The new system will apply to all tenancies, including new tenancies created after the reforms.

Landlords should ensure they are complying with current regulations and be prepared for future legislative changes.

The Importance of Following Procedure

Failure to follow legal procedures can result in:

• Delays in gaining possession.
• Cases being thrown out of court.
• Financial penalties or compensation orders.

Every stage must be documented carefully. Courts are strict about procedural compliance and may dismiss claims even where the tenant is clearly at fault.

Resolving Disputes and Appeals

Disputes during the eviction process are not uncommon. Tenants may:

• Dispute the notice validity.
• Claim disrepair or harassment.
• Challenge the grounds in court.

In such cases, the court may adjourn the hearing or order mediation. Appeals are possible, but rare in straightforward cases.

Legal support is advisable if the tenant is making serious counterclaims.

Assured Shorthold Tenancies and Eviction

ASTs offer landlords the most flexibility, especially when using a Section 21 notice. However, the rules are strict, and failure to meet requirements (such as deposit protection or providing gas certificates) can invalidate the notice.

If using Section 8, landlords must have solid evidence. Courts do not grant possession lightly and aim to balance tenant rights with the landlord’s interests.

Evicting a Commercial Tenant

Evicting commercial tenants follows a separate legal route. If the lease includes forfeiture clauses, a landlord may terminate the lease for breach (typically non-payment of rent).

Options include:

• Peaceable re-entry: Changing the locks when the premises are vacant, which is legal for commercial properties under certain conditions.
• Court possession proceedings: Necessary when re-entry is not safe or when disputes arise.

It is recommended to instruct a solicitor with commercial property expertise, as errors can lead to claims for wrongful eviction.

Conclusion

Eviction is a structured legal process, and following each step is essential to regain possession lawfully. Whether you are dealing with a non-paying tenant or simply want to end a tenancy, using the correct notices, complying with deposit laws, and presenting a strong case in court are fundamental.

Speed Property Buyers work with landlords across the UK to make property sales fast, simple, and legal. Whether you are trying to sell a tenanted property or want help exiting a problematic tenancy, speak to our expert team for practical support.