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Evicting a tenant is a stage process involving terminating the tenancy by serving a valid notice, issuing a possession claim in court, and enforcing the possession order by way of bailiffs or high court enforcement officers.

A landlord must follow the correct process according to the type of tenancy they have granted to their tenants.

Failing to do so might result in harassment and illegal eviction of tenants with the consequence of defeated possession claims, expensive damage payments, and criminal prosecution in the most serious cases.

This guide explores the law in England and Wales. The rules about private residential tenancies and how to evict a tenant in Scotland are different.

The Procedures for Different Types of Tenancy

Unless the tenant is an ‘excluded occupier’ with a licence rather than a tenancy, like a lodger sharing accommodation with the landlord, the possession claim can start only after a valid notice to the tenant has expired. How to evict a tenant, and the type and length of the notice required changes according to whether the tenancy is:

  • an assured shorthold tenancy (AST)
  • an assured tenancy, or
  • a regulated tenancy

Public sector tenancies such as secure, flexible, introductory, and demoted tenancies also have special rules, but they are outside the scope of this guide.

Give Notice to the Tenants

Depending on the type of tenancy granted to the tenant, the landlord might need to prove grounds for possession. ASTs can be ended with a Section 21 notice which does not require reasons for possessions. Some tenants, like students in halls of residence and people who are provided accommodation as part of their employment contract, are called ‘occupiers with basic protection’ – their tenancies can be ended by way of a notice to quit which does not require reasons for possession.

Apply for a Court Possession Order

Regardless of the type of tenancy granted to the tenant, after the notice expires, the landlord needs to follow the correct legal process and apply to the court for a possession order.

Apply for a Bailiffs Warrant

If the court grants the possession order and the tenant does not move out at the end of the period given by the court, the landlord needs to apply for a warrant of possession to be enforced by court bailiffs.

Time and Costs

The time and costs of a possession claim depend on the type of tenancy and whether the tenants have valid defences and counterclaims against the landlord. Sometimes the tenant leaves voluntarily without the need of issuing court proceedings, on other occasions they might stay in the property until the bitter end.

In the worst scenarios, if the correct procedures are not followed and all the legal rules are not complied with, the tenant can apply to set aside a warrant even after its execution by bailiffs or enforcement agents and demand to be reinstated in the property even after being removed. This might happen when the warrant is obtained by fraud, or if the bailiffs caused ‘abuse of process’ or ‘oppression’ during the execution of the warrant.

How to Evict a Tenant with an Assured Shorthold Tenancy 

The assured shorthold tenancy (AST) is the most common tenancy in the private rented sector. A landlord can end an AST without proving any ground for possession by giving the tenant a Section 21 notice.

A valid Section 21 notice needs to satisfy many requirements regarding:

  • the timing of the service to the tenant
  • the form of the notice, and
  • the length of the notice period

These requirements come on top of the prerequisites for the valid service of a Section 21 notice as otherwise the tenant might have defences and defeat the possession claim.

As a general rule, the landlord cannot serve a Section 21 notice during the first four months of the AST – this applies equally to tenancies granted for a fixed term and to periodic tenancies granted for a rolling period until either the tenant of the landlord ends it, for example from month to month or week to week.

Secondly, a Section 21 notice must be given to the tenant using the prescribed form 6A (or a document setting out the same information). The accompanying notes to the form remind landlords and tenants when the Section 21 notice procedure cannot be used, including non-compliance with the tenancy deposit protection legislation, the landlord did not provide the tenant with all the prescribed information, or taking a payment from the tenant prohibited under the Tenant Fees Act 2019.

The Section 21 notice period varies depending on whether the AST was granted for a fixed term or a periodic rolling period with no end date. For fixed-term tenancies (or statutory periodic tenancy arising automatically at the end of the fixed term without the tenant or the landlord doing anything) the landlord may give at least two months’ notice. Possession proceedings cannot start before the end of the fixed term of the tenancy unless there is a break clause in the tenancy agreement.

If the tenancy is a contractual periodic AST granted for a rolling period from the start, the Section 21 notice period must be at least two months, or be equivalent to the length of the period of the tenancy if it is longer than two months, for example for a six monthly tenancy the minimum notice period must be six months, for a quarterly tenancy it must be at least three months.

Alternatively, if the landlord can prove any ground for possession such as rent arrears or antisocial behaviour, they can use the Section 8 eviction notice.

Evicting Renters with Excluded Tenancies or Licences 

The only renters that can be evicted without the landlord first obtaining a possession order from the court are the so-called ‘excluded occupiers’. These are listed in section 3A of the Protection from Eviction Act 1977 and include:

  • lodgers sharing accommodation with the landlord and their family
  • squatters granted temporary rights to occupy the property
  • people renting accommodation for a holiday period
  • people staying in a property without paying rent
  • certain homeless and asylum seekers
  • people without the ‘right to rent’

Excluded tenants and licensees can be evicted without a court order. The landlord must give notice to the occupiers and end their accommodation agreement. A fixed-term agreement can only be terminated early if the tenancy or licence contains a break clause that allows termination before the end of the fixed term, or a forfeiture clause that gives the right of possession to the landlord if the occupier does not comply with the terms of the accommodation agreement, for example, does not pay rent or cause a nuisance to the neighbours.

The length of notice depends on what the accommodation agreement states. If the agreement is silent and the agreement is an excluded tenancy, the notice period must be the same as the rental period, for example, a month’s notice for a monthly tenancy. If the agreement is an excluded licence to occupy accommodation, the landlord must give reasonable notice. What is reasonable is not defined by law and depends on the individual circumstances of each case. Relevant considerations to determine what does reasonable notice include how long the occupier has been living in the accommodation and their conduct.

A licence is a personal permission to occupy accommodation. It differs from a tenancy because it does not give the licensee a legal interest in the land.

How to Evict a Tenant with an Assured Tenancy 

Evicting a tenant who has been granted an assured or regulated tenancy cannot be achieved without proving a ground for possession.

A landlord can end an assured tenancy only if they have a legal reason for possession. They must give the tenant a valid Section 8 notice and prove the ground they rely on. They must use the prescribed Form 3, list one or more grounds for possession and explain how they apply to the circumstances, and give the tenant the correct notice period.

When the notice expires, the landlord must apply to the court for a possession order. If the court grants the order, the landlord must apply for a warrant or writ of execution to be enforced by County Court bailiffs or High Court enforcement agents.

See Section 8 eviction notice for more information.

How to Evict a Tenant with a Regulated Tenancy 

Regulated tenancies give tenants a higher level of security of tenure under the Rent Act 1977. To evict a regulated tenant, the landlord must prove to a court that they have a reason for possession called ‘case’. Regulated tenants have also the right to have a below-market fair rent set by the Rent Officer and publicly registered.

Notice to quit to end a contractual regulated tenancy

To end a contractual regulated tenancy, the landlord must give the tenant a notice to quit under section 5 of the Protection from Eviction Act 1977.

The notice must be in writing but not in any prescribed form. It must give a minimum of four weeks’ notice period and inform the tenant that possession proceedings will commence after the expiry of the notice.

Possession order to end a statutorily regulated tenancy

When the contractual regulated tenancy ends at the expiry of the notice to quit or, if it was granted for a fixed term by effluxion of time, a statutorily regulated tenancy arises, and the landlord must apply to the court for a possession order and prove a case for possession.

Cases for possession of regulated tenancies

Mandatory and discretionary cases for possession of regulated tenancy are listed in Schedule 15 of the Rent Act 1977. They are similar but are different from the grounds for possession of assured tenancies.

The discretionary cases for possession of a regulated tenancy, where the court may order possession only if it is satisfied the case has been proven and it is reasonable to make a possession order, are as follows:

  • Case 1: Rent arrears or breach of the tenancy
  • Case 2: Nuisance, annoyance, illegal or immoral use of the property
  • Case 3: Deterioration in the condition of the property
  • Case 4: Deterioration of furniture
  • Case 5: Tenant’s notice to quit
  • Case 6: Assignment or sublet without consent
  • Case 7: N/A – this has been abolished
  • Case 8: Former employee of the landlord
  • Case 9: Occupation by landlord or family member
  • Case 10: Tenant has overcharged subtenant
  • Ground 10A: No right to rent

The mandatory cases for possession of a regulated tenancy, where the court must order possession if it is satisfied the case has applied, are as follows:

  • Case 11: Returning owner occupier
  • Case 12: Landlord’s retirement home
  • Case 13: Holiday let
  • Case 14: Student let
  • Case 15: Minister of religion
  • Case 16: Agricultural employee
  • Case 17, 18 and 19: Rare and historical grounds
  • Case 20: Lettings by Armed Forces Personnel

In addition to these, the court must order possession if the tenant has caused the property to become statutorily overcrowded.

For more information on regulated tenancies, fair rents, and the cases for possession, see Regulated Tenancies – GOV.UK.

What is an Eviction Notice? 

The eviction notice is the first step of the eviction procedure that a landlord must lawfully follow.

The eviction process usually requires the landlord to send a notice to quit or seek possession to the tenant, apply to the court for a possession order, and enforce the possession order by bailiffs or High Court Enforcement Officers.

The type of notice and length of notice period required depends on the type of tenancy granted to the tenant.

The most common notice in the privately rented sector is the Section 21 notice which does not require the landlord to declare any reason for possession but, to be valid, needs to satisfy many legal prerequisites, and the Section 8 notice which requires the landlord to state and prove grounds, or reasons for possession.

What are the Mandatory Grounds or Legal Grounds for Eviction? 

The Section 8 Eviction Notice can be used to evict tenants who have an assured or assured short-hold tenancy (AST).

The Section 8 notice requires the landlord to prove one or more of the 21 grounds for possession listed in Schedule 2 of the Housing Act 1988. The first ten of these grounds are called mandatory grounds for possession.

If the landlord proves that any of the mandatory grounds apply to the circumstances of their situation, the court must make a possession order. The mandatory grounds are:

  • Ground 1 – The owner requires the property back for self, spouse or civil partner
  • Ground 2 – Repossession by the landlord’s mortgage lender
  • Ground 3 – Fixed-term holiday let
  • Ground 4 – Fixed-term student accommodation
  • Ground 5 – Property required for a priest or another minister of religion
  • Ground 6 – Property required for demolition, redevelopment or substantial work
  • Ground 7 – Death of the original tenant
  • Ground 7A – Antisocial behaviour by tenants or their family and visitors
  • Ground 7B – No right to rent
  • Ground 8 – Tenant owes serious rent arrears

More details about mandatory grounds for possession of an assured or assured shorthold tenancy and related rules can be read in our separate blog on Section 8 and Mandatory Grounds for Possession Guide.

Other Reasons or Discretionary Grounds for Eviction 

The other Section 8 reasons for possession listed in Schedule 2 of the Housing Act 1988 are called discretionary grounds. There are eleven different discretionary grounds for possession.

If a landlord claims a discretionary ground, the court must be satisfied that the landlord has proven that the conditions for the ground are met and that it is just and reasonable to evict the tenant before granting a possession order.

The Section 8 discretionary grounds for possession are:

  • Ground 9 – Suitable alternative accommodation is available to the tenant
  • Ground 10 – Tenant is in rent arrears
  • Ground 11 – Persistent delay in paying rent even if the tenant is not in rent arrears
  • Ground 12 – Breach of the tenancy agreement by the tenant
  • Ground 13 – Deterioration or dilapidation of the property due to tenant’s neglect
  • Ground 14 – Antisocial behaviours, nuisance, annoyance, or illegal use of property
  • Ground 14ZA – Riot conviction
  • Ground 14A – Domestic abuse
  • Ground 15 – Deterioration of furniture due to tenant’s neglect
  • Ground 16 – Accommodation provided as part of an employment contract
  • Ground 17 – Tenancy induced by deception

A detailed discussion of the discretionary grounds for possession of an assured or assured shorthold tenancy and related rules can be read in our separate blog on Section 8 and Discretionary Grounds for Possession.

The most common reason for a landlord to seek possession of a property from renters is rent arrears. In our Landlord’s Guide to Recovering Rent Arrears, we discuss the legal action to recover rent arrears from the tenant and what course of action to pursue according to the circumstances.

Can You Evict a Tenant for No Reason?

As explained in our separate blog, if a landlord wants to evict a tenant with an assured shorthold tenancy (AST) without giving a reason, they can serve a Section 21 notice.

The Section 21 notice procedure does not require the landlord to explain why they require the property back. However, in addition to the requirements to use the appropriate form 6A, give the tenant the correct notice period, and not serve the notice within the first four months of the tenancy, before being able to serve a valid Section 21 Notice, a landlord must have complied with legislation about:

Detailed discussion about the conditions for the service of a valid Section 21 Notice can be read in our separate blog Section 8 v Section 21 Notice.

Section 21 or Section 8 Notice?

A landlord can use either the Section 21 or the Section 8 notice procedure to evict a tenant who has been granted an assured shorthold tenancy (AST).

There are significant differences between Section 8 and Section 21 that landlords should consider before deciding which possession process they want to follow. For example, all the preconditions to the service of a valid Section 21 Notice do not apply to a Section 8 Notice.

On the other hand, with a Section 8 Notice the landlord must prove a ground for possession and cannot apply for an accelerated possession order without a court hearing; they can only issue a standard possession claim.

Depending on the circumstances of their situation, they should choose their best option or seek expert advice from a residential property law legal representative.

A fuller discussion of the pros and cons of both grounds can be read in our separate blog.

How We Can Help

Evicting a tenant can be a tricky matter! If landlords do not follow the correct lawful process applicable to the tenancy held by the tenants or fall short of reasons for evictions or prerequisites to the serving of valid eviction notice, they risk having their possession claim struck out in court due to tenants’ defences to the repossession claim. In many cases, it is wise to attempt to reach agreements out of court such as mediation and arbitration.Instructing an experienced Landlord and Tenant Law Practitioner who will advise on the best course of action according to the circumstances, ensuring compliance with the applicable law and invoking the relevant exemptions. They can help negotiate and mediate with the tenants’ representative and ensure the best outcomes for all parties involved. They can take charge of the whole possession process, from issuing valid notices of possession to applying for a warrant of execution to enforce possession orders. Minimise costs, and time of repossession, and recover rent arrears, as necessary. As residential property law experts, and recovery of rent arrears from tenants our solicitors can help landlords with advice and representation on their repossession matters. Contact us on 0330 173 6983 or send us an email at info@witansolicitors.co.uk.

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