If your tenant breaches their tenancy agreement, or you need to take back your property for reasons such as renovation, sale, or moving back in, you can usually begin the eviction process through the proper legal channels. The steps you’ll need to follow depend on the type of tenancy agreement in place, how notice is served, and how your tenant responds once they’ve been informed.
Some cases progress smoothly when notice is issued correctly, while others can take longer if the tenant disputes the eviction or specific conditions of the tenancy. You may also need to seek legal guidance to make sure every stage of the process complies with current housing law. By following the correct procedures from the outset, you reduce the risk of delays, avoid unnecessary costs and protect yourself against potential legal challenges.
On what grounds can a landlord evict a tenant in the UK?
In the UK, landlords have several legal grounds on which they can evict a tenant, depending on the circumstances and the type of tenancy agreement in place. One of the most common reasons for eviction is a breach of the tenancy agreement. This could include failing to pay the agreed rent, falling into serious rent arrears, causing damage to the property or engaging in antisocial behaviour that affects neighbours or the wider community. In these circumstances, a landlord can issue a Section 8 notice, which must clearly state the reason for eviction and reference the specific terms of the tenancy that have been broken. The tenant then has the right to respond, and if they do not leave voluntarily, the landlord must apply to the court for possession.
Landlords are also currently able to evict tenants using a Section 21 notice, often called a ‘no-fault eviction’. This allows a landlord to regain possession of their property once the tenancy ends, without giving a reason, provided the correct notice period has been given. In most cases, landlords must provide at least two months’ notice before the eviction date.
The law is expected to change under the proposed Renters’ Rights Bill, which will abolish Section 21 notices. Once this comes into force, landlords will only be able to evict tenants by giving a valid reason, such as not paying rent or breaching tenancy conditions. At the time of writing, this reform was set to take effect in 2026, aiming to give tenants greater security while maintaining landlords’ ability to regain possession when justified.
What are the new rules on evicting tenants?
When the Renters’ Rights Bill comes into effect, the rules on evicting tenants in England and Wales will change significantly, particularly for landlords who currently let their properties under an assured shorthold tenancy (AST). At present, most private tenancies are ASTs, which often run as a fixed-term tenancy for six or twelve months before either party can end the agreement. Under the new system, these fixed terms will be replaced with periodic tenancies, which automatically continue on a rolling basis with no set end date.
This means that once the reforms are introduced, all new tenancies will begin as periodic rather than fixed-term, offering tenants more security and reducing the need for frequent renewals. Landlords will still be able to regain possession of their property, but only by serving a new notice with valid grounds for eviction – such as serious rent arrears or a breach of tenancy terms, rather than relying on the current Section 21 ‘no-fault’ process.
Under the updated Section 8 rules, the minimum rent arrears period required before serving notice will increase to three months. This change is intended to give tenants more time to address payment issues and maintain their tenancy before eviction proceedings begin.
Additionally, landlords will be prohibited from evicting tenants on the grounds of selling the property within the first twelve months of a tenancy. This restriction aims to reduce short-term letting and provide tenants with greater stability, while ensuring landlords still have legal options for regaining possession where justified.
What if the tenant refuses to leave?
If your tenant refuses to leave by the eviction date stated in the written notice, you may need to go to court to regain possession of your property. The first step is to apply for a possession order, which will usually lead to a court hearing. During this possession hearing, the judge will review your application and decide whether you have the legal right to take the property back. You’ll need to show evidence that the correct notice was served and that you have valid grounds for eviction under tenancy law.
In some circumstances, you can use the accelerated procedure, which allows you to apply for possession without attending a full hearing. This process is available if you’ve served a Section 21 notice correctly and there’s no dispute over rent arrears or other issues. If your tenant raises objections – for example, about the condition of the property – the court may still require a full hearing before a decision is made.
If the court grants possession and your tenant still doesn’t leave by the date stated in the order, you can apply for a warrant for possession. Once it’s granted, High Court Enforcement Officers or court bailiffs can be instructed to carry out the eviction. This is the final stage of the legal process and allows you to recover your property lawfully. You should never try to remove tenants yourself, as doing so without a court order is classed as illegal eviction and could lead to criminal prosecution or civil penalties.
Can I remove the tenant myself?
As a landlord, you must never attempt to remove a tenant or their belongings yourself, as doing so risks illegally evicting them. Actions such as changing the locks, cutting off gas, electricity, or water, blocking access to the property, or removing possessions while a tenant still occupies the home are all classed as illegal eviction under the Protection from Eviction Act 1977. Even when a tenant has unpaid rent or you have served the appropriate notice, they remain legally entitled to stay in the property until a court grants a possession order and authorised bailiffs or High Court Enforcement Officers are instructed to enforce it.
If you take matters into your own hands, you could be found guilty of committing a criminal offence. This may result in fines, a criminal record or even imprisonment. Tenants also have the right to pursue compensation through the courts, which could mean paying substantial damages for unlawfully evicting them.
To regain possession lawfully, you must follow the correct legal procedure: serve the appropriate notice, apply for a possession order, and, if necessary, request a warrant for possession so enforcement officers can carry out the eviction. Following this process protects you from legal and financial penalties and helps prevent disputes or delays when recovering your property.
What might stop an eviction from happening?
An eviction can be delayed or overturned if the correct legal procedures have not been followed. One of the most common issues arises when a landlord fails to protect the tenant’s deposit in a government-approved tenancy deposit scheme, such as MyDeposits, within 30 days of the tenancy starting. You must also provide the tenant with the prescribed information related to their deposit within the same timeframe.
Prescribed information includes documents such as the How to Rent guide, a valid gas safety certificate, and details about where the deposit is held. If these requirements are not met, a court may decide that your eviction notice is invalid. In addition, the tenant may be entitled to claim compensation of up to three times the deposit amount for each breach.
Making sure all documentation is correctly issued and your deposit obligations are met before serving notice helps avoid delays or disputes during the eviction process.
What help is available to landlords?
While the risks involved with not following the correct procedures may seem daunting, particularly with new legal changes on the horizon, landlords do not have to manage the process alone. Tenant eviction specialists can offer practical guidance and support throughout each stage of an eviction, helping landlords comply with the law and avoid unnecessary costs or complications.
Through their Section 8 eviction services, these professionals can explain your rights as a landlord, assess whether your grounds for eviction are valid, and prepare all required documentation. They can also advise on serving notice correctly and outline the steps to take if a tenant refuses to leave. By seeking expert advice early, landlords can prevent avoidable expenses, reduce delays, and regain possession of their property more efficiently.
If you’re a landlord looking to reclaim your property, it’s important to follow the correct steps when evicting a tenant and working with specialists can help you achieve this in line with the law.
