Evicting Tenants in the UK: A Simple Guide for Landlords
Evicting a tenant is never easy — and let’s be honest, it’s rarely what landlords want. But sometimes, it’s necessary. Maybe the tenant hasn’t paid rent in months, or perhaps they’ve caused damage to the property. Whatever the reason, it’s crucial to understand the legal process of eviction in the UK before taking action.
Trying to evict someone the wrong way can get a landlord into serious trouble — even fines or prosecution. That’s why we’ve put together this easy-to-follow guide that explains everything step-by-step, in everyday language.
Let’s dive in!
What This Blog Covers
By the end of this post, you’ll know:
- What legal eviction really means
- The difference between Section 21 and Section 8 notices
- When and how to serve eviction notices properly
- What happens if a tenant doesn’t leave
- Common mistakes landlords make (and how to avoid them)
So, What Does ‘Eviction’ Actually Mean?
Eviction is the legal process a landlord must follow to end a tenancy and regain possession of their property. It’s not about changing the locks or throwing someone out overnight.
Important: You must follow legal steps. If not, you risk an “illegal eviction,” which can result in court action and a big fine.
Before You Start the Eviction Process
Think of eviction as the very last resort. It often sours relationships and can take months to complete.
Ask yourself:
- Have I tried to talk to the tenant?
- Could this be resolved with mediation?
- Do I have clear reasons and evidence?
If communication doesn’t work, and you’re sure you want to go ahead, then it’s time to follow the proper procedure.
Know the Difference: Section 21 vs Section 8 Notices
Here’s where it gets a bit legal, but don’t worry — we’ll break it down simply.
Section 21 Notice – ‘No-fault’ Eviction
This notice is used to take back possession of your property at the end of a tenancy, even if the tenant hasn’t done anything wrong.
To use it:
- The tenancy must be an Assured Shorthold Tenancy (AST)
- You must give at least 2 months’ notice
- You don’t need to provide a reason
But… you can’t serve a Section 21 notice during the first 4 months of a tenancy.
Section 8 Notice – For When There’s a Breach
You serve this notice if the tenant has broken the terms of the tenancy, such as:
- Serious rent arrears (usually 2 months or more)
- Anti-social behaviour
- Damage to the property
There are 17 grounds in total (you can find them on the official site). And the notice period may range from 2 weeks to 2 months depending on which grounds you’re using.
How to Serve an Eviction Notice
It’s not just about handing the tenant a letter and hoping they move out.
You must:
- Use the correct notice form: Form 6A for Section 21, Form 3 for Section 8
- Give the proper notice period
- Deliver the notice correctly (by hand, recorded delivery, or any method specified in the tenancy agreement)
Once the notice is sent, wait and see what the tenant does. Sometimes, they’ll vacate without you needing to go to court.
What If the Tenant Doesn’t Leave?
This is where it can get tough. If your notice period expires and the tenant hasn’t moved out, you’ll need to apply to the court for a possession order.
Going to Court
Here’s the general timeline:
- Apply online or on paper – You submit a claim for possession.
- Wait for a hearing date – If everything’s correct, you’ll get a court date.
- Attend the hearing – The judge reviews the case and usually (not always!) grants a possession order.
Enforcing the Order
Still stuck? If the tenant ignores the court order, you must apply for bailiffs (or High Court Enforcement Officers) to remove the tenant — you can’t do it yourself.
Yes, it’s slow. On average, eviction cases can take 3 to 6 months (and in complex cases, even longer).
Legal Requirements Before Serving Notices
This part often trips up landlords:
Before you serve a Section 21 notice, you must have:
- Protected the tenant’s deposit in a government-approved scheme
- Given them a valid Energy Performance Certificate (EPC)
- Provided a Gas Safety Certificate
- Handed over the “How to Rent” guide at the start of the tenancy
Miss any of these? Your notice could be thrown out by the court.
Changes During the COVID-19 Pandemic
Landlords should know that notice periods changed temporarily due to the pandemic. While most have returned to pre-COVID rules, always double-check what rules are active at the time you’re reading this.
Common Pitfalls Landlords Make (And How to Avoid Them)
Let’s run through a few all-too-common mistakes:
- Using the wrong form. Yep — still happens.
- Serving notice too early or with the wrong dates.
- Skipping deposit protection. Even if the tenant didn’t ask, it’s required!
- Not keeping records. Make sure you document all communication and notices.
Think of dealing with tenancy as managing a paper trail. Keep everything logged — texts, emails, letters — just in case.
What Happens to the Rent During This Time?
The tenant still owes you rent all the way up to when they vacate. But be aware: many landlords never recover lost rent if the tenant disappears or can’t pay.
Some landlords ask, “Can I withhold the tenant’s deposit for missed rent?” The answer? Yes, if it’s justified — but you MUST go through the deposit scheme’s dispute resolution system if the tenant disagrees.
Can You Evict a Tenant Without Going to Court?
Yes… but only if:
- You serve proper notice, and
- The tenant leaves willingly
Otherwise, it’s court time. Trying to force an eviction without permission from the court is illegal — and tenants can take you to court for that.
Eviction Advice for Landlords
Here are some golden rules to make things smoother:
- Stay calm and professional — always.
- Know your legal duties before taking any steps.
- Get legal advice if you’re unsure.
- Try talking before taking action — sometimes it works better (and cheaper) than court!
If you’re new to letting, consider working through a letting agent or legal representative that knows the ins and outs of tenancy law.
Wrapping It Up: Be Smart, Not Sorry
Evicting tenants in the UK isn’t as simple as many landlords expect. It’s a process — and often a slow one. But as long as you follow the proper legal route, protect yourself with documentation, and communicate openly, you’ll stay on the right side of the law.
If you remember one thing, let it be this:
You can’t evict someone just because you’re frustrated — the law needs to be on your side, and you need to follow the rules.
Need more details or specific forms?
Read More:
https://www.gov.uk/evicting-tenants
This is your go-to source for all things eviction – including downloadable forms and updates to notice periods or tenancy rules.
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Want more landlord advice like this? Stick around — we’re always updating our blog to help landlords navigate tenancy with less stress and more confidence.