How to Evict a Tenant in the UK Legally: A Simple Landlord’s Guide
Being a landlord in the UK comes with responsibilities—and sometimes, challenges. One of the toughest situations is needing to evict a tenant. Whether it’s due to unpaid rent, property damage, or another breach of agreement, there’s a right way to handle tenant eviction in the UK.
If you’re feeling overwhelmed or unsure about the eviction process, don’t worry. In this post, we’ll break it all down in plain English—step-by-step, just like a professor would explain it to their student. You’ll also get helpful tips, important legal info, and landlord-friendly advice so you can act with confidence.
Why Evict a Tenant?
First things first. You can’t evict someone just because you don’t like them or because you had a disagreement. In the UK, landlords must follow strict legal procedures. Reasons for eviction generally fall into the following categories:
- Rent arrears (unpaid rent)
- Damage to property
- Anti-social behaviour
- End of fixed-term tenancy
- Landlord wants to sell or move into the property
Now, let’s walk through how to go about the eviction process legally.
Step 1: Check the Type of Tenancy Agreement
Not all tenants are legally the same, and how you evict someone depends on what type of tenancy they have. The two most common types in England and Wales are:
- Assured Shorthold Tenancy (AST) – This is the most common type. If your tenant moved in after 1997, chances are they have an AST.
- Excluded Tenancy or Licence – This applies to lodgers (someone who shares part of your home).
Knowing the type of legal agreement you have with the tenant will determine the proper steps you need to take.
Step 2: Give the Correct Notice
Once you’ve confirmed the tenancy type, the next step is giving the tenant proper notice. This is where many landlords make mistakes, so pay close attention!
Evicting an AST Tenant
If your tenant has an Assured Shorthold Tenancy, you’ll usually use one of two notices:
Section 21 Notice – “No Fault” Eviction
A Section 21 notice is used when:
- You just want the property back at the end of the fixed term.
- You don’t need to give a reason (but you must meet conditions).
Here’s what you should know:
- You must give at least 2 months’ notice.
- You can’t issue a Section 21 during the first 4 months of the tenancy.
- All legal obligations (like deposit protection, gas safety checks, EPC) must be met.
Section 8 Notice – “Breach of Tenancy” Eviction
A Section 8 notice is used when a tenant has broken the terms of their tenancy.
Common reasons include:
- Rent arrears
- Damage to property
- Causing disturbance to neighbors
You must state the grounds for eviction using the government’s listed criteria. Depending on the reason, notice periods vary—from 2 weeks to 2 months.
Evicting a Lodger or Excluded Tenant
If you live in the same property as your tenant, you usually only need to give them “reasonable notice”—which can be a full rental period, such as a week or month, depending on how often they pay rent. You don’t need a court order to evict a lodger.
Step 3: Serve the Notice Properly
Serving a notice doesn’t just mean handing a letter to your tenant. It must be done the right way.
You can:
- Deliver it by hand
- Send it by post (first class or recorded)
- Send it via email (only if allowed in tenancy agreement)
Always keep a copy along with proof that it was served. Taking a photo or recording delivery is a smart way to protect yourself if issues arise later.
Step 4: Wait Out the Notice Period
Once you’ve served the notice, you’ll need to give the tenant time to leave. This can be stressful, especially if the tenant isn’t cooperating—but don’t try to remove them yourself. That would be illegal.
What if they refuse to go even after the notice expires? That’s when the court steps in.
Step 5: Apply for a Possession Order
If the tenant doesn’t leave by the notice date, you’ll need to ask the courts to grant you possession of your property.
Here’s how it works:
- Accelerated Possession – This is used with Section 21 notices. It’s quicker, cheaper, and doesn’t usually require a hearing.
- Standard Possession – Used with Section 8 notices or if there are rent arrears and you want the money owed.
You’ll need to complete the correct court forms and submit supporting documents. The court will then send a notice to the tenant and schedule a hearing if needed.
Step 6: Get a Bailiff to Enforce the Court Order (if necessary)
If the court issues a possession order and the tenant still doesn’t leave, don’t take matters into your own hands. Instead, apply for a warrant of possession.
This allows county court bailiffs to remove the tenant legally. You’ll need Form N325 to do this.
Important Things to Avoid
Even if you’re frustrated, do not attempt a “DIY” eviction. Actions like:
- Changing the locks
- Removing the tenant’s belongings
- Harassing the tenant into leaving
…are all illegal and could get you in serious trouble (and cost thousands in fines!).
Things Every Landlord Should Prepare Before Serving Notice
Make sure to have the following ready before starting the eviction process:
- A copy of the tenancy agreement
- Proof of deposit protection (if applicable)
- A record of rent payments and arrears
- Gas safety certificate and EPC
- Inventory check-in and check-out reports
Having these documents in order will make the process smoother and help if things end up in court.
What If the Tenant Disputes the Eviction?
It’s not uncommon for tenants to challenge an eviction. They may claim:
- The notice was served improperly
- They never received the notice
- The landlord didn’t follow legal procedures
That’s why it’s so important to dot every “i” and cross every “t.” If in doubt, consult a solicitor or trusted property management specialist.
Real-Life Example
A landlord named Sarah rented out her 2-bedroom flat in Birmingham. Her tenant stopped paying rent during the lockdown but refused to leave. Sarah served a Section 8 notice, waited her 14 days, then applied for a possession order. The court agreed with her, and within a month, bailiffs removed the tenant. Because Sarah followed every step properly, the process was smooth (even if it still took a few months).
Final Thoughts—and a Quick Recap
Evicting a tenant isn’t fun for anyone. But doing it legally protects you as a landlord and ensures tenants are treated fairly.
Here’s a quick summary:
- Know the tenancy type
- Choose the right notice (Section 21 or Section 8)
- Serve notice properly and give the correct notice period
- Apply to court if the tenant doesn’t leave
- Use bailiffs as a last resort
Patience and paperwork are key. If you stay organized and follow the proper legal path, you can regain possession of your property without risking fines or delays.
Want to dig deeper into the legal details? Head over to the official site for more info.