Evicting a tenant in the UK can be challenging. Whether you're dealing with rent arrears or tenants breaching their tenancy agreement, this article will guide you through how to evict a tenant effectively and legally, while answering common questions about your rights and responsibilities.
Before you begin eviction proceedings, it’s critical to establish your grounds for doing so. Evictions must adhere to the law, and improper handling could lead to severe penalties or delays. Common grounds for evicting tenants in the UK include:
Evictions in the UK are strictly regulated. Attempting to remove a tenant without following the correct procedures could result in unlawful eviction claims, leaving you liable for compensation.
Here are the steps you must take to legally evict a tenant in the UK:
The first formal step is to issue the appropriate notice to your tenant. Depending on the situation, you will typically use one of two notices:
Used to regain possession of the property at the end of a fixed-term tenancy or during a periodic tenancy. This does not require you to give a reason for eviction but must comply with specific legal guidelines.
Used when tenants have breached the terms of the tenancy agreement, providing a specific reason for eviction. Grounds for this notice align with Schedule 2 of the Housing Act 1988.
Ensure you use the correct notice form and issue it to the tenant in writing. Notices must include accurate information, such as the reason for notice (if applicable), and comply with the minimum notice period (usually two months for Section 21 notices, though this can vary).
It’s important to note that Section 21 notices cannot be served if the tenant's deposit hasn’t been protected in a government-approved scheme or if you have failed to provide the necessary legal documentation at the start of the tenancy, such as an Energy Performance Certificate (EPC) or the government's "How to Rent" guide.
Once the notice has been served, landlords must allow the legally required notice period to expire. During this time, tenants may choose to vacate the property voluntarily, resolving the issue without further action.
If the tenant does not leave after the notice period ends, you must apply to the courts for a possession order. This is a formal request for the court to mandate the tenant to vacate the property. There are two main routes to apply for possession:
Often used for Section 21 cases, this process is typically quicker as it doesn’t require a court hearing. You cannot claim unpaid rent through this route.
This applies to both Section 8 and Section 21 notices, particularly when you need to claim rent arrears. This process may involve a court hearing, where you’ll present your case. A property law barrister can advise on how best to approach this, or even act on your behalf in court.
Should the tenant still refuse to leave after the court grants a possession order, the final step is applying for a warrant of eviction. This authorises bailiffs to remove the tenant and return possession of the property to you.
Keep in mind that this step adds additional time and costs to the process, so it’s worth attempting to resolve disputes before reaching this stage.
The timeline can vary depending on the circumstances but typically takes between two to six months. Factors like court backlogs or delays in serving notices can extend this timeframe.
No. You cannot forcibly remove a tenant or change the locks without a court order. Doing so is classified as an unlawful eviction and may lead to severe legal consequences, including fines or imprisonment.
If the tenant does not vacate after a court issues a possession order, you must request a warrant for eviction. This allows bailiffs to enforce the eviction legally.
Costs vary based on the complexity of the case and whether legal professionals are involved. Expenses typically include court fees (£355 for a possession claim) and potential additional costs for hiring representation.
If you’re likely to require professional representation, utilising a barrister through the direct access scheme can be an effective way to reduce costs. A direct access barrister can offer support with drafting documents, advise on your best steps, and represent you in the courtroom — all without the additional fees of hiring a solicitor.
You can find out more about using direct access for property law matters here.