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

Evicting a tenant is never an easy decision. Whether you’re dealing with unpaid rent, property damage, or a tenant who simply won’t leave, the legal process must be followed carefully. No one wants to deal with unnecessary stress, costly delays, or unintentionally breaking the law.

So, what’s the right way to evict someone in the UK?

In this easy-to-follow guide, we’ll walk you through each step of how to legally evict a tenant in the UK. Think of it like a roadmap—one that helps landlords stay compliant while protecting their property and peace of mind.

Why Following the Legal Process Matters

You might be wondering, “Can I just ask my tenant to leave?” Unfortunately, it’s not quite that simple. If you don’t follow the right legal steps, you could be accused of illegal eviction or harassment—and those can lead to very serious consequences, including fines or even jail time.

Evictions must always go through the proper legal channels, with the right kind of notice and court applications where necessary. Let’s break it all down, step by step.

Step 1: Identify the Type of Tenancy Agreement

The first thing to determine is what kind of rental agreement your tenant has. In the UK, there are a few common ones, but the most typical is the Assured Shorthold Tenancy (AST).

Why does this matter?

The type of tenancy affects the form and process you need to follow. If it’s not an AST, you may need more specific legal advice.

For AST Agreements, There Are Two Eviction Routes:

• Section 21 Notice: Used to regain possession at the end of a fixed-term tenancy or during a rolling (periodic) tenancy—without needing to give a reason.
• Section 8 Notice: Used when a tenant has broken the terms of the tenancy—for example, by not paying rent or causing damage.

Let’s take a closer look at both.

Step 2: Serve the Right Notice

Using a Section 21 Notice (No Fault Eviction)

If the tenancy is coming to an end or it has become a rolling contract, and you just want the property back, the Section 21 route is your go-to.

However, there are a few conditions:

• You must give at least 2 months’ notice.
• The tenancy must be an AST in England.
• You must have complied with certain rules, like protecting the tenant’s deposit in a government-approved scheme.
• You can’t use a Section 21 within the first 4 months of the tenancy.

Important: There are new rules constantly being proposed around Section 21, so always check the most recent regulations. It might even be abolished in the future depending on law reform efforts.

Using a Section 8 Notice (If the Tenant Has Broken the Terms)

This form is for when things have gone wrong. Perhaps rent hasn’t been paid in months, or your tenant is being a nuisance to the neighbours.

The Section 8 Notice allows you to start eviction during the fixed term—but only if the tenant has broken certain terms of the agreement. You must specify which “grounds for possession” you’re relying on.

Some common grounds include:

• Ground 8: Tenant is at least 2 months behind on rent (mandatory ground).
• Ground 10 or 11: Some rent is unpaid or consistently paid late (discretionary).
• Ground 12: Breach of tenancy terms, like damaging the property.

You’ll need to give them at least 2 weeks’ notice—however, timing can vary based on the ground you choose.

Step 3: Wait for the Notice Period to End

Once you’ve served either notice, it’s time to wait. Tenants are not legally required to leave until the notice period ends.

What if they still don’t leave after the notice expires?

This takes us to the next stage.

Step 4: Apply to the Court for a Possession Order

If your tenant refuses to leave after the notice period ends, don’t panic. You’ll need to apply for a court order to regain possession of your property.

Two Main Routes for Possession Orders:

• Standard Possession Order: Used when you’re claiming unpaid rent along with the eviction.
• Accelerated Possession Order: Used with Section 21 notices; great when there’s no rent owed and you just want the tenant to leave.

You can usually do this online and you’ll need to supply a copy of the notice served, tenancy agreement, and proof of everything else (like a protected deposit).

There’s also a court fee to pay, which (as of today) is around £355, depending on the process used.

Step 5: If Needed, Apply for a Warrant of Possession

Still no luck? If the tenant doesn’t leave even after the court has granted you possession, you can ask the court for a warrant of possession. This allows county court bailiffs to remove the tenant legally.

At this point, it’s out of your hands. The bailiff will set up an eviction date and handle everything lawfully.

Word of Caution: Never try to remove a tenant yourself. Changing locks or throwing belongings out without a court order is considered illegal eviction—and the consequences are serious.

Step 6: Handle the Property After the Tenant Leaves

Once you have legal possession, you might want to inspect the property.

Here are a few things to check:

• Any damages beyond normal wear and tear.
• Cleanliness—does it need professional cleaning?
• Any unclaimed belongings (you must store these reasonably before disposing).

You can now decide whether to withhold part of the tenant’s deposit—but always provide clear evidence, like photos or cleaning invoices. This helps if they dispute your claims via a deposit protection scheme.

How Long Does the Eviction Process Take in the UK?

Unfortunately, it’s not always quick. From start to finish, especially where court proceedings are involved, evictions can take several months. Here’s a rough breakdown:

• Serving notice: 2 weeks to 2 months, depending on the route.
• Court proceedings: Another 6 to 10 weeks (or longer if there are delays).
• Possession enforcement: Bailiffs may take 4+ weeks to be scheduled.

Bottom line? The sooner you act, the better. Always keep solid documentation and start the process as soon as you legally can.

Common Mistakes Landlords Should Avoid

It’s easy to make mistakes when emotions run high. But avoiding these can keep you on the right legal track.

• Not protecting the deposit in a government-approved scheme – this can invalidate a Section 21 notice.
• Using the wrong notice or incorrect forms.
• Not giving tenants enough notice.
• Trying to evict without a court order.
• Poor record-keeping – always keep copies of notices, rent records, and communication.

Final Thoughts: Be Lawful, Be Prepared

Evictions are stressful for everyone—but acting legally, consistently, and calmly can make the process smoother. Make sure you’re following each step, using the right documents, and respecting your tenant’s rights along the way.

Being a landlord comes with responsibility. Evicting someone is never fun, but when it’s necessary, following this legal route will protect you and your property—while keeping things fair.

Need more in-depth guidance, or still unsure which notice to serve?

You can read the full official government guide here.

Ready To Take the Next Step?

If you’re in the early stages, you might just need legal templates or help drafting your notices. There are services and landlord associations that can help ensure your forms are correct right from the start.

Remember: knowledge is power. Staying informed is the best way to protect your investment and your rights as a landlord.

Stay informed. Stay within the law. And maybe, just maybe—avoid future problems before they even start.

Want to learn more or check the latest laws? Visit the official UK government page.