Evicting a tenant isn’t always straightforward - landlords must follow strict legal procedures to avoid delays or legal issues. This guide breaks down the eviction process, including how long Section 8 and Section 21 evictions typically take, what can cause delays, and key things to keep in mind.
Types of eviction notices
In the UK, landlords primarily use two types of eviction notices to regain possession of their property. A qualified eviction solicitor can help guide which is the right option for you. Here’s a snapshot of how the two main types of eviction differ:
Section 21 Notice: Often referred to as a 'no-fault' eviction, a Section 21 notice allows landlords to repossess their property at the end of a fixed-term tenancy or during a periodic tenancy without providing a specific reason.
Section 8 Notice: A Section 8 notice is used when a tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing damage to the property.
How long does a Section 8 eviction take on average?
The duration of a Section 8 eviction can vary depending on the grounds for eviction and the tenant's response. On average, the process can take between three to six months.
Section 8 process explained
Serving the Section 8 notice: The landlord serves a Section 8 notice to the tenant, specifying the grounds for eviction under the Housing Act 1988. The notice period can range from two weeks to two months, depending on the grounds cited.
Tenant response: The tenant may choose to vacate the property voluntarily or challenge the eviction in court, which can significantly extend the process.
Court proceedings: If the tenant does not vacate the property after the notice period, the landlord can apply to the court for a possession order. The time taken to obtain a court hearing can vary, but it typically takes several weeks to a few months, depending on court availability.
Possession order decision: If the court rules in the landlord’s favour, a possession order will be issued, giving the tenant a deadline to leave the property.
Bailiff enforcement: If the tenant still refuses to leave after the possession order deadline, the landlord must apply for a warrant of possession, allowing bailiffs to evict the tenant. This step can add an additional few weeks to a couple of months to the process.
How long does a Section 21 eviction take on average?
A Section 21 eviction generally takes around five to six months from serving the notice to gaining possession, assuming there are no complications.
Section 21 process explained
Serving the Section 21 Notice: The landlord serves a Section 21 notice, providing the tenant with at least two months' notice to vacate the property.
Tenant response: If the tenant does not leave by the end of the notice period, the landlord must apply to the court for a possession order.
Court Application: The time to obtain a court hearing can vary, typically taking several weeks to a few months, depending on court schedules. If the application is straightforward, it may be processed more quickly through the accelerated possession route, which does not require a hearing.
Possession order decision: If the court grants the possession order and the tenant remains, the landlord must apply for a warrant of possession.
Bailiff Enforcement: The final step is requesting bailiffs to carry out the eviction, which can add an additional few weeks to a couple of months to the timeline.
UK eviction timeline statistics
According to the Ministry of Justice's ‘Mortgage and Landlord Possession Statistics: April to June 2024’ report, the median average time from claim to landlord repossession has increased to 25.4 weeks, up from 22.1 weeks in the same period in 2023 (gov.uk). The time it takes for landlords to complete key legal steps - such as obtaining orders, warrants, and repossessions has increased according to the data.
From claim to order: Now takes an average of 8.1 weeks, up from 7.6 weeks in the same period the previous year.
From claim to warrant: Now takes 14.1 weeks, compared to 13.7 weeks in 2023.
From claim to repossession: The biggest increase - now at 25.4 weeks, up from 22.1 weeks last year.
This means landlords are on average facing longer waits to regain possession of their properties.
Increases in claims over time
Year | Quarter | Claims | Claims leading to orders | Claims leading to warrants |
|---|---|---|---|---|
2023 | Q1 | 23,389 | 16,627 | 8,712 |
2023 | Q2 | 22,526 | 15,936 | 8,110 |
2023 | Q3 | 24,922 | 17,521 | 8,457 |
2023 | Q4 | 23,374 | 15,149 | 6,154 |
2024 | Q1 | 24,874 | 6,278 | 1,139 |
What else can delay an eviction?
Several other factors can delay the eviction process:
Tenant's defence: If a tenant contests the eviction, it can lead to additional hearings and extended timelines. The tenant may argue against the grounds of eviction. Tenants may claim housing disrepair, or provide evidence of unlawful landlord practices, all of which can slow down proceedings.
Court backlogs: High volumes of cases can delay court proceedings and hearings. Courts often have long waiting lists, particularly in high-demand areas, meaning possession orders may take longer than expected.
Incorrect documentation: Errors in the eviction notice or missing documents can result in delays or dismissal of the case. Landlords must ensure they follow all legal requirements. Landlords must protect the tenant’s deposit and serve the appropriate paperwork.
Tenant appeals: Even after a possession order is granted, tenants can appeal the decision or apply for a delay on the basis of financial hardship, disability, or exceptional circumstances. This can significantly lengthen the process.
Bailiff availability: Limited availability of bailiffs can delay the enforcement of possession orders. Bailiffs are often in high demand, and waiting times for enforcement can range from a few weeks to several months in some cases.
Exceptional circumstances: Unexpected external factors, such as severe weather conditions, national lockdowns, or local authority interventions, can delay enforcement actions.
Re-cap: How long does it really take to evict a tenant?
The eviction process in the UK typically ranges from three to six months, depending on the type of notice served and various influencing factors. Landlords should be prepared for potential delays and ensure all legal procedures are meticulously followed to avoid further complications.
FAQ
Can I evict a tenant without going to court?
No, formal eviction in the UK requires following the legal process, which involves court proceedings if the tenant does not vacate voluntarily.
What if the tenant leaves before the court hearing?
If the tenant vacates the property after receiving the eviction notice but before the possession hearing, the landlord can withdraw the court application.
Can I speed up the eviction process?
Ensuring all documentation is correct, serving notices promptly, and responding swiftly to court requirements can help prevent unnecessary delays.
Final thoughts
Evicting a tenant is a legally intricate and time-consuming process. Landlords must adhere strictly to legal procedures to ensure a successful eviction and to avoid potential legal repercussions. Seeking legal advice or assistance from professional bodies can provide additional support and guidance throughout the eviction process.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
