Evicting a tenant can be a complex and stressful process, and landlords must follow strict legal rules to avoid legal issues. If you’re considering eviction, it’s important to understand your rights, the legal grounds for eviction, and the correct procedures. In this guide, we’ll explain when and how you can legally evict a tenant in the UK - let's dive in.
Types of assured shorthold tenancies
If you're a landlord in England or Wales, chances are you're dealing with an assured shorthold tenancy (AST) - the most common type of rental agreement. ASTs give landlords certain rights to regain possession of their property, but the rules differ depending on the type of tenancy.
There are two main types of ASTs:
Fixed-term tenancy: Runs for a set period, typically six or twelve months. A landlord cannot evict a tenant before the end of this term unless there is a break clause or a valid reason under Section 8 of the Housing Act 1988.
Periodic tenancy: Rolls over on a weekly or monthly basis after the fixed term ends, requiring landlords to give proper notice when seeking possession.
💡 Other types of tenancies, such as regulated tenancies or non-AST agreements, follow different legal rules and aren’t covered in this guide. If you’re unsure about your tenancy type, seeking legal advice can help ensure you follow the correct procedures.
When can you legally evict a tenant in the UK?
Landlords can only evict tenants by following the correct legal procedures. The two main legal routes for eviction in England and Wales are through a Section 21 or Section 8 notice under the Housing Act 1988.
Section 21: This is a 'no-fault' eviction process where a landlord does not need to provide a specific reason for eviction. It is commonly used when a fixed-term tenancy ends or during a periodic tenancy.
Section 8: This process is used when a tenant has breached the tenancy agreement, such as failing to pay rent or engaging in anti-social behaviour.
It is illegal for a landlord to evict a tenant without following the proper legal process, including giving the correct notice and obtaining a court order if necessary.
How Section 21 evictions work
A Section 21 notice allows landlords to evict tenants without having to provide a reason. However, it can only be used if the tenancy meets specific criteria. The process involves:
Serving a written Section 21 notice with at least two months' notice.
Ensuring that the deposit is protected in a government-approved scheme.
Complying with legal requirements, including providing an EPC, gas safety certificate, and the 'How to Rent' guide.
Applying for a possession order if the tenant does not leave after the notice period.
When can’t you use a Section 21?
There are situations where a Section 21 notice cannot be used, including:
If the tenancy is still within the fixed term (unless there is a break clause).
If the property is a House in Multiple Occupation (HMO) and does not have a licence where required.
If the landlord has not complied with deposit protection rules.
If the property has serious maintenance issues and the local council has served an improvement notice.
How Section 8 evictions work
A Section 8 notice is used when the tenant has broken the terms of their tenancy agreement. Unlike Section 21, this process requires landlords to prove that the tenant has breached their contract.
The landlord serves a Section 8 notice, stating the grounds for eviction.
The notice period varies depending on the grounds used.
If the tenant does not leave, the landlord can apply for a possession order.
The case may go to court, where a judge will decide whether to grant possession.
What are valid grounds for eviction?
The grounds for eviction under Section 8 are listed in Schedule 2 of the Housing Act 1988. Some of the most common grounds include:
Rent arrears: If the tenant has missed payments (usually two months or more in arrears).
Anti-social behaviour: If the tenant has engaged in nuisance or criminal activities.
Property damage: If the tenant has caused significant damage beyond fair wear and tear.
Breach of tenancy agreement: If the tenant has violated specific terms, such as subletting without permission.
When can’t you use a Section 8?
💡Editor’s insight: “From my experience, Section 8 notices are unlikely to be successful in cases where: the landlord doesn't have sufficient evidence to prove the breach, the tenant pays off their rent arrears before the court hearing, the eviction would cause extreme hardship for the tenant, and the judge rules against it.”
Tenant eviction process explained
The tenant eviction process involves several steps to ensure that landlords act within the law. If you need support, seek help from a dedicated eviction solicitor.
Determine the appropriate notice: Decide whether a Section 21 or Section 8 notice is suitable based on the circumstances.
Serve the correct notice: Issue the tenant with the required written notice, ensuring it meets all legal requirements. For a Section 21 notice, landlords must give at least two months' notice, while Section 8 notice periods vary based on the reason for eviction.
Allow the notice period to expire: The landlord must give the tenant the legally required time to leave the property or address any breach of the tenancy agreement.
Apply for a possession order: If the tenant refuses to leave the property after the notice period, the landlord must apply to the court for a possession order. This is a legal ruling that grants the landlord the right to reclaim possession of the property.
Attend a court hearing (if necessary): If the tenant contests the eviction, a court hearing may be required. In Section 8 cases, the landlord must present evidence supporting the eviction claim.
Obtain a possession order: If the court rules in favour of the landlord, a possession order will be issued, specifying when the tenant must vacate the property.
Request a warrant for eviction (if required): If the tenant still does not leave by the date specified in the possession order, the landlord can apply for a warrant of possession. This allows court-appointed bailiffs to carry out the eviction.
Eviction by bailiffs: If all previous steps fail, landlords should instruct bailiffs to remove the tenant from the property. Only certified bailiffs can enforce evictions - landlords must not attempt to remove tenants themselves.
Can a landlord serve notice if the contract is within a fixed term?
A landlord can only serve notice within a fixed-term tenancy if:
There is a break clause in the tenancy agreement allowing early termination.
A Section 8 notice is used due to the tenant breaching the contract.
Without these conditions, landlords must wait until the fixed term ends before serving a Section 21 notice.
Can a landlord serve notice if the tenancy is periodic?
Yes, landlords can serve notice if the tenancy is periodic (rolling contract). A Section 21 notice can be issued with a minimum of two months' notice. If a tenant has breached the tenancy agreement, a Section 8 notice may be used instead.
Re-cap: Should I evict my tenant?
Eviction should always be a last resort. Before deciding to evict a tenant, consider:
Communication: Have you attempted to resolve issues with the tenant directly?
Legal requirements: Are you following the correct legal process?
Cost and time: Evictions can be time-consuming and costly, especially if court action is required.
Alternative solutions: Mediation or payment plans may be an option instead of eviction.
FAQ
Can I evict my tenant without a court order?
No, landlords must follow the correct legal procedures. If the tenant does not leave after receiving notice, a possession order must be obtained.
What if my tenant refuses to leave after an eviction notice?
If the tenant remains after the notice period, landlords must apply for a possession order and, if necessary, a bailiff’s warrant.
How long does the eviction process take?
The process can take several months, depending on court availability and whether the tenant contests the eviction.
Can I increase rent to encourage a tenant to leave?
No, unfairly increasing rent to force a tenant out may be considered an example of landlord harassment and could result in penalties. Learn more in our guide to maximum rent increases in the UK.
Final thoughts
Evicting a tenant isn’t always straightforward, and following the correct legal process is essential to avoid disputes or penalties. Whether you're using a Section 21 or Section 8 notice, it’s important to comply with all legal requirements to protect yourself and your property.
Before taking legal action, consider seeking professional advice or mediation, as this can sometimes resolve issues without the need for eviction. If eviction is unavoidable, ensuring you follow the proper procedures will make the process smoother and legally sound for everyone involved.
References
Evicting tenants in England overview from Gov.UK
