Evicting a tenant for rent arrears in England and Wales follows a defined legal process. There are no shortcuts, and attempting to evict without following the correct procedure can expose you to significant liability. This step-by-step guide explains exactly what you need to do.
Before serving any notice, confirm the exact amount of arrears and check your tenancy agreement. Most standard assured shorthold tenancies allow you to serve a Section 8 notice where at least two months of rent is unpaid, which triggers Ground 8: a mandatory ground that the court must act on if the arrears remain at the date of the hearing.
A Section 8 notice must be served on the correct prescribed form and specify the ground or grounds you are relying on. For rent arrears, Ground 8 requires at least two months or eight weeks of arrears, Ground 10 covers any level of unpaid rent, and Ground 11 applies where the tenant has persistently paid late even if arrears are below two months at the time of notice.
Ground 8 requires a minimum notice period of two weeks. The notice must be served correctly: ideally by first class post with a record kept, by hand with a witness, or by another method that allows you to prove service.
If the tenant does not leave or clear the arrears after the notice has expired, you issue a possession claim at the county court. Claims for possession on grounds including rent arrears are issued using form N5 and the supporting form N119. You pay the court fee at the time of issue.
The court will list a possession hearing, typically within four to eight weeks of the claim being issued. You attend court with evidence of the tenancy, the notice, the rent account showing arrears, and any relevant correspondence. The judge will consider whether the grounds are made out and whether to make an order for possession.
Where Ground 8 is established, the court has no discretion. It must make a possession order. For the discretionary grounds, the court can suspend or postpone the order if the tenant makes proposals to pay off the arrears.
A possession order gives the tenant a period, usually 14 days, to vacate voluntarily. If they do not leave, you apply for a warrant of possession. A county court bailiff then carries out the eviction on a scheduled date. You should not attempt to remove the tenant yourself: doing so constitutes an illegal eviction regardless of the court order.
Evicting a tenant for rent arrears requires serving a valid Section 8 notice, issuing a possession claim if the tenant does not leave, attending the possession hearing with evidence of the arrears, and applying for a warrant if the tenant remains after the order. Attempting to evict without following this process is unlawful. A direct access barrister can represent you at the possession hearing efficiently and cost-effectively.
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