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

Evicting a tenant is never easy — whether you’re dealing with missed rent, property damage, or just need your place back. But when it’s time, it’s important to follow the correct legal process to avoid delays, penalties, or worse — having to start over. If you’re a landlord in England, this guide will walk you step-by-step through the legal eviction process in plain English.

Let’s make sure you do it right and stay within the law.

Why You Need to Follow the Legal Eviction Process

Eviction can be a stressful situation for everyone involved. As a landlord, your property is your investment — but tenants have rights too, and ignoring the rules can land you in trouble. If you try to evict a tenant unfairly or skip any legal steps, it might be classed as an “illegal eviction”, which could result in serious legal consequences.

So how do you go about it the legal way?

Start By Figuring Out the Type of Tenancy

The first step is knowing what kind of tenancy your tenant has. Most tenants in England have an Assured Shorthold Tenancy (AST). That’s the standard type. But check your agreement just to be sure.

There are two main notices you can use, depending on the situation:

• Section 21 Notice: Used when the tenancy is coming to an end, and you just want your property back — no specific reason needed.
• Section 8 Notice: Used when the tenant has broken the terms of the tenancy (e.g., not paying rent).

Let’s break down both options.

Option 1: Eviction Using a Section 21 Notice (No-Fault Eviction)

This is for when the tenancy is ending, and there haven’t really been any issues — you just want possession of the property again.

When Can You Use a Section 21?

• The tenancy is an Assured Shorthold Tenancy.
• You’ve given proper notice (at least 2 months in advance).
• The fixed term has ended or you’ve written in the contract that you can end it early.

Important: You can’t use this route during the first four months of a tenancy or if you haven’t protected the tenant’s deposit properly in a government-approved scheme.

How to Serve a Section 21 Notice

You’ll need to use Form 6A, which you can get from the government’s website. Make sure to:

• Give at least two months’ notice
• Serve it the right way — either in person, by post, or using any method stated in the tenancy agreement
• Keep proof that you’ve served it

After the notice period ends, if your tenant hasn’t moved out, you’ll need to apply to the court for possession.

Option 2: Eviction Using a Section 8 Notice (Tenant Breach)

If the tenant has done something wrong — like not paying rent or damaging your property — you’ll want to use a Section 8 Notice.

Grounds for Section 8

You must have a legal reason for eviction, called a “ground”. Some of the most common ones include:

• Rent arrears (Ground 8): The tenant owes at least 2 months’ rent (for monthly agreements).
• Persistent late payment (Ground 11): Repeatedly paying rent late, even if they’re no longer behind.
• Property damage or anti-social behaviour (Grounds 12-14): For breaking tenancy rules or causing a nuisance.

Some grounds are “mandatory” — meaning the judge must grant possession if proven. Others are “discretionary,” allowing the judge to make a decision based on all the circumstances.

Serving a Section 8 Notice

To start, fill out Form 3 and provide the correct notice period — usually 2 weeks, but it varies depending on the grounds. Then:

• Serve notice properly (just like with Section 21)
• Include your reason and cite the correct legal ground(s)
• Keep evidence of service

If the tenant doesn’t leave after the notice period, your next step is to apply to court.

Applying to Court for Possession

What happens if your tenant won’t budge? Now it’s time to involve the courts.

Standard Possession Procedure

This is the main route when you want to claim rent arrears or rely on Section 8. To apply, you’ll need to:

• Fill out form N5 (claim for possession)
• Include form N119 with details of the tenancy, arrears, and notice
• Pay a fee (currently £355 online or via post)

Accelerated Possession Procedure

If you used a Section 21 and just want the property back — without claiming unpaid rent — you can use the faster accelerated process.

You’ll need to show:

• The notice was served correctly
• You’ve provided all required documents (like the EPC, How to Rent Guide, gas safety certificates)

If successful, the judge may make a decision without even holding a hearing.

If the Tenant Still Doesn’t Leave

Even with a court order, sometimes tenants dig their heels in. Don’t worry. You can apply for a warrant of possession.

• Apply using form N325
• A court bailiff will then be assigned to remove the tenant

You cannot evict the tenant yourself. Only a certified bailiff or High Court Enforcement Officer can do that legally.

What to Avoid: Illegal Eviction

Never try to evict a tenant by:

• Changing the locks without a court order
• Forcing them out through threats or harassment
• Cutting off utilities like electricity or water

These actions can lead to criminal charges, hefty fines, and compensation payouts to your tenant.

Helpful Tips Before Starting Eviction

Before jumping straight into the eviction process, ask yourself these questions:

• Have you tried speaking with your tenant first?
• Is there a way to resolve the issue without going to court?
• Are you 100% sure your notice was served correctly?

Communication can often save time and money. Some tenants might be willing to leave on an agreed date if you’re able to find a middle ground.

Alternative Dispute Resolution

If you’re open to avoiding court altogether, consider mediation or arbitration. These services can help resolve issues professionally, especially disagreements around rent arrears.

For example, the government offers a mediation service that’s completely free if you’re already involved in a court case.

Final Thoughts

Evicting a tenant is a serious step — legally, emotionally, and financially. But as long as you understand your rights, follow the correct process, and stay professional, you can regain possession of your property without risking trouble down the line.

If you’re unsure at any stage, it’s always best to get legal advice. A quick consultation could save you months of stress and thousands of pounds.

Quick Recap: Eviction Process Overview

• Step 1: Identify tenancy type
• Step 2: Choose the right notice (Section 21 or 8)
• Step 3: Serve the notice correctly
• Step 4: Apply to court if needed
• Step 5: Get a possession order
• Step 6: Use court bailiffs if tenant refuses to leave

Stay calm, stay informed, and follow the law.

Want to Learn More?

For official guidance and downloadable forms, visit the government’s eviction page here:
https://www.gov.uk/evicting-tenants