How to Legally Evict Tenants in the UK: A Landlord’s Step-by-Step Guide
Evicting a tenant isn’t something any landlord looks forward to. But sometimes, it becomes necessary—like when tenants stop paying rent, damage the property, or break the terms of the tenancy agreement. If you’re a landlord in the UK wondering how to legally evict a tenant without getting into legal hot water, this guide is here to help.
By the end of this post, you’ll have a clear understanding of the legal eviction process, from serving notice to regaining possession of your property. All in plain English and easy to follow.
When Is It Okay to Evict a Tenant?
Let’s start with the basics. You can’t just ask someone to leave without reason or proper notice. You must follow legal procedures to protect yourself and avoid penalties. You can evict tenants for various reasons, such as:
- Rent arrears: They haven’t paid their rent.
- Anti-social behavior: They’re disruptive or bothering neighbors.
- Breach of tenancy agreement: For example, keeping pets when it’s not allowed.
- You want your property back: Maybe you’re selling it or moving back in.
Whatever your reason, the key is to do it by the book. Let’s walk through how.
Types of Tenancy and Notices
Different tenancy types require different notices. In most cases, tenants will have an assured shorthold tenancy (AST). This is the most common type of tenancy in England.
Depending on the situation, you will serve one of two notices:
1. Section 21 Notice – “No-Fault” Eviction
A Section 21 notice allows you to regain possession of your property at the end of a fixed-term tenancy or during a periodic tenancy—as long as the fixed term has completed. You don’t have to give a reason, but your paperwork must be in order.
Before you serve a Section 21 notice, make sure:
- You’ve protected the tenant’s deposit in a government-approved scheme.
- You’ve given the tenant a valid gas safety certificate.
- You’ve provided an Energy Performance Certificate (EPC).
- You’ve supplied the government’s “How to Rent” guide.
Notice period: You must give at least 2 months’ notice.
2. Section 8 Notice – For Breached Agreements
A Section 8 notice is used when the tenant has breached the tenancy agreement—like not paying rent or causing damage.
How much notice? It depends on the reason (also called ‘grounds’). For example, if rent hasn’t been paid for more than two months, you can give just 2 weeks’ notice.
You’ll need evidence for your claim—such as rent records, repair estimates, or witness statements.
How to Serve a Notice
Now that you know what notice to use, let’s talk about how to serve it correctly. If you mess up this step, the entire process could be delayed.
There are a few acceptable ways to serve the notice:
- Hand it to the tenant directly.
- Post it to their address.
- Leave it at the property (e.g., through the letterbox).
Always keep evidence of how and when you served the notice. It could be crucial later if you go to court.
What if the Tenant Doesn’t Leave?
So, you’ve served the notice, waited the proper time, and… nothing. The tenant still hasn’t left.
What now? You can’t remove them yourself—that’s illegal and called unlawful eviction. Instead, you need to go through the courts.
Step 1: Apply for a Possession Order
If the tenant stays past the notice period, you can apply to the court for a possession order. There are a few options available:
- Standard Possession Order: This is the typical route if you’ve asked for rent arrears to be paid.
- Accelerated Possession Order: Quicker and cheaper but only applicable in Section 21 cases with no rent arrears involved.
You’ll need to give the court a copy of the notice and evidence proving the tenant was properly served. Depending on the type of order, you may also need to submit tenancy agreements, rent statements, or proof of document delivery.
Step 2: Court Hearing (if Needed)
In some cases, there may be a court hearing where both you and the tenant can present your arguments. But in many Section 21 claims, there is no hearing—everything is decided on paper.
If the court agrees with you, they’ll issue an order telling the tenant when to leave, usually within 14 days.
Step 3: Bailiffs and Eviction
If the tenant still doesn’t leave (even after the possession order), you’ll have to ask the court for a warrant of possession. This allows court-appointed bailiffs to remove the tenant legally.
Again, you must go through the correct legal process. Never attempt to remove the tenant yourself—doing so could lead to fines or even criminal charges.
Can You Recover Rent Arrears?
Yes! If your tenant owes you rent, you can ask the court for a money judgment as part of the Section 8 or during the possession proceedings.
This means the court officially recognizes the debt, and you can use bailiffs or a debt collection service to recover the money. Keep in mind, though, this can take time and has no guarantee of success—especially if your tenant has no income.
Common Mistakes to Avoid
Eviction laws can be tricky, and even a small mistake can cost you months of delays. Here are a few mistakes landlords often make:
- Serving notices incorrectly. Always follow legal procedures and use the right form (Form 6A for Section 21; Form 3 for Section 8).
- Failing to protect the deposit. If the deposit wasn’t protected properly, you lose your right to serve a Section 21 notice.
- Getting dates wrong. Make sure you’re giving the correct notice period according to the type of tenancy and breach.
- Trying to remove tenants yourself. This is a big no-no. Always go through the courts and bailiffs if needed.
Tips for a Smooth Eviction Process
Here are some tips that can make the eviction process less stressful and more efficient:
- Keep everything in writing. Emails, messages, notices—save them all.
- Stay professional. It might be frustrating, but keep calm and follow the law.
- Hire a solicitor if uncertain. Legal guidance can save you time and money in the long run.
- Try mediation before court. You can use a third-party mediator to try and settle things before escalating to court.
Final Thoughts: Know the Law, Protect Your Rights
Whether you’re a new landlord or have handled dozens of tenancies, understanding the legal eviction process is crucial. Not only does it protect your property, but it also helps preserve your reputation and ensures you’re treating tenants fairly.
Remember, being a landlord comes with responsibilities. But with the right knowledge and a careful approach, you can regain control of your property without risking fines or legal trouble.
Still unsure or need more detailed information? Visit the official UK government site for landlords here: