How to Legally Evict Tenants in the UK: A Step-by-Step Guide for Landlords

If you’re a landlord in the UK, it’s important to understand that evicting a tenant isn’t as simple as asking them to leave. There are legal steps you must follow to avoid costly delays — or worse, legal trouble. Whether your tenant has stopped paying rent or breached the terms of their agreement, this guide will walk you through how to legally evict tenants in the UK in a clear, straightforward way.

Why You Might Need to Evict a Tenant

Let’s be real — being a landlord has its perks, but it’s not without its challenges. Sometimes, things just don’t work out. Here are some common reasons for eviction:

• Non-payment of rent
• Anti-social behaviour
• Damage to the property
• End of fixed-term tenancy
• Refusal to leave after notice

Whatever the situation, you must go through the proper legal channels to avoid further complications.

Step 1: Choose the Right Type of Eviction Notice

Think of this step like setting the ground rules. Depending on your situation, you’ll choose between two main notices: Section 21 and Section 8. Knowing when to use each is key.

What is a Section 21 Notice? (No-Fault Eviction)

If you want to regain possession of your property after a fixed-term tenancy ends — and your tenant hasn’t done anything wrong — a Section 21 notice is the way to go. It’s often called a “no-fault eviction” because you don’t need to give a reason.

Just be sure of the following:

• The tenancy is an assured shorthold tenancy (AST)
• The tenancy has ended or is periodic
• You’ve protected the tenant’s deposit properly
• You’ve given the tenant the required legal documents

You must give at least 2 months’ notice. Also, after serving a Section 21 notice, you can apply to the court for possession if the tenant doesn’t leave by the set date.

What is a Section 8 Notice? (Fault-Based Eviction)

If your tenant has broken the rules — say, they haven’t paid rent or caused damage — a Section 8 notice is your best route. But this path needs solid evidence.

You’ll need to specify the grounds for eviction, such as:

• Ground 8 – At least 2 months of unpaid rent
• Ground 10/11 – Persistent delay in rent payments
• Ground 12 – Breach of tenancy agreement

The notice period depends on which ground you’re using. For serious rent arrears, as little as 2 weeks can be enough.

Step 2: Serve the Notice Properly

Now that you’ve chosen the right notice, the next big step is serving it correctly. A tiny mistake here can set you back weeks.

Follow these suggestions:

• Use the correct form: Form 6A for Section 21, and Form 3 for Section 8
• Deliver the notice by hand, post, or email (if allowed in your tenancy agreement)
• Always keep proof of service — you may need it in court

Pro tip: Consider getting a witness when handing it over in person or using recorded delivery if sending by post.

Step 3: Wait for the Notice Period to End

After serving the notice, you’ll need to give your tenant time to respond or vacate. This waiting period — usually between 2 weeks and 2 months depending on the notice — can be frustrating. But patience here pays off.

What if the tenant doesn’t leave after the notice period?

Don’t change the locks or move their belongings — that’s illegal. At this point, you’ll need to move forward with a legal possession claim.

Step 4: Apply to the Court for Possession

When the notice expires and your tenant hasn’t left, it’s time to take it to the courts. You’ll need to file for a possession order through the following routes:

Accelerated Possession (Only for Section 21)

This is the faster, paper-based option — no court hearing needed. It works well if:

• You just want possession, not unpaid rent
• You’ve used a Section 21 notice properly

Standard Possession

This route is best for Section 8 cases or when you’re claiming rent arrears as well. After submitting your paperwork, both you and the tenant will be summoned to court for a hearing.

Online Filing

Good news: You can apply for a possession order online, which can save time and postage.

Step 5: Get a Bailiff Involved (If Necessary)

If the court rules in your favor and the tenant still won’t budge — don’t panic. You can escalate it further by requesting a warrant for possession, which brings in an enforcement officer (commonly called a bailiff).

The court bailiff will then give the tenant written notice of eviction and schedule a date to remove them from the property.

Don’t do this yourself — it’s best left to the professionals to stay on the right side of the law.

Important Things to Keep in Mind

Evictions can be tricky. Here are some extra must-knows:

• No revenge evictions: You can’t evict tenants just because they complained about repairs.
• Deposit schemes: Make sure you’ve protected the deposit in a government-backed scheme — it’s a legal requirement.
• Energy performance, how-to-rent guides, and gas certificates: These must be given to the tenant before issuing a Section 21 notice.
• Illegal eviction: Changing locks or threatening tenants without a court order is a criminal offense.

Common Questions About Tenant Eviction

Can I evict my tenant without going to court?

Only if they voluntarily leave after receiving the notice. If they don’t leave, the courts must be involved.

How long does the eviction process take?

It varies. If everything goes smoothly, it can take around 2 to 4 months. But if court hearings and bailiffs are needed, it may stretch to 6 months or more.

What if the tenant doesn’t pay rent during this time?

You can include rent arrears in your possession claim. Just be sure to keep detailed records of missed payments.

Final Thoughts

Evicting a tenant isn’t something any landlord wants to do. But when it becomes necessary, knowing the right legal process is your best protection. From choosing the right notice to going through the courts, each step must be handled carefully and responsibly.

Don’t rush things or cut corners — the law is clear, and courts don’t take kindly to landlords who try to sidestep the rules.

Need more details or want to double-check requirements? You can explore the official UK government guide by visiting:

https://www.gov.uk/evicting-tenants

By following the rules and maintaining clear communication, you’ll protect your property — and your peace of mind.