How to Evict a Tenant – Complete Guide 2025

Evicting a tenant can be one of the most stressful experiences for any landlord. Whether your tenant has stopped paying rent, caused damage to your property, or simply refuses to leave after their tenancy has ended, it’s important to follow the correct legal eviction process. Acting without following the law could result in delays, financial loss, or even criminal penalties.

In this guide, we’ll walk you through everything you need to know about how to evict a tenant in the UK step by step. You’ll learn about Section 21 and Section 8 notices, how long the process takes, and when you may need to involve the court.

Understanding the Legal Process of Tenant Eviction

Evicting a tenant is not as simple as changing the locks or asking them to leave. UK law protects tenants from unlawful eviction. This means landlords must serve proper notice and, if necessary, obtain a court order for possession before regaining access to the property.

1. The eviction process typically involves three main stages:
2. Serving the correct notice (Section 21 or Section 8).
3. Applying to the court for a possession order if the tenant does not leave.
4. Requesting a bailiff to remove the tenant if they still refuse to vacate.

Skipping any of these steps could make the eviction illegal, and tenants could take legal action against you.

Common Reasons Landlords Evict Tenants

There are many legitimate reasons why a landlord might need to evict a tenant, including:

• Rent arrears – The tenant has fallen behind on rent payments.
• Breach of tenancy agreement – Such as causing damage, antisocial behaviour, or subletting without permission.
• End of fixed-term tenancy – You may want your property back after the agreement ends.
• Selling the property – You plan to sell or move into the property yourself.

Regardless of the reason, it’s vital to follow the legal route and issue the appropriate notice type.

Section 21 Notice – “No Fault” Eviction

A Section 21 notice is often referred to as a “no-fault eviction notice.” It allows landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy without having to give a specific reason.

When to Use a Section 21 Notice

You can use Section 21 when:

• The tenancy is an Assured Shorthold Tenancy (AST).
• The tenant has received their deposit protection information within 30 days of payment.
• The property is properly licensed, and the tenant has received the required documents, such as the Energy Performance Certificate (EPC), Gas Safety Certificate, and the “How to Rent” guide.

If any of these requirements are not met, your Section 21 notice may be invalid.

How Much Notice to Give

Landlords must give at least two months’ notice for a Section 21 eviction. The notice must be provided in writing, and you can use Form 6A from the UK Government website.

After the Notice Period

If the tenant hasn’t moved out after the two-month notice expires, you can apply to the court for a possession order. You may use the accelerated possession procedure if you’re not claiming rent arrears, which is usually quicker.

Section 8 Notice – Eviction for Breach of Tenancy

A Section 8 notice is used when the tenant has broken the terms of their tenancy agreement, for example, failing to pay rent, causing damage, or engaging in antisocial behaviour.

When to Use a Section 8 Notice

Common grounds for eviction under Section 8 include:

• Rent arrears (Grounds 8, 10, and 11)
• Damage to the property
• Illegal or antisocial behaviour
• False information was provided at the start of the tenancy

You must clearly state which grounds you are relying on in your notice.

How to Serve a Section 8 Notice

To begin the process, serve a Form 3 notice specifying:

• Which grounds apply under the Housing Act 1988?
• The exact details of the tenant’s breach.
• The amount of time the tenant has to leave (usually two weeks to two months, depending on the grounds).

If the Tenant Doesn’t Leave

If the tenant ignores the notice, you’ll need to apply to the court for a possession order. The court will review your claim and, if satisfied, will grant an order allowing you to take back possession legally.

Applying for a Possession Order

If your tenant refuses to leave after receiving a valid notice, your next step is to apply for a possession order through the court.

There are two main types:

1. Accelerated Possession Order – Used when you served a valid Section 21 notice and are not claiming unpaid rent. This is usually a paper-based process and doesn’t require a court hearing.
2. Standard Possession Order – Used when you want to evict under Section 8 or claim rent arrears. This type of order generally involves a court hearing.

If the court grants possession, the tenant will be given a date by which they must vacate the property.

Using Bailiffs or High Court Enforcement Officers

If the tenant still refuses to leave after the possession date, you cannot remove them yourself. You must apply for a warrant of possession, which authorises a county court bailiff to evict them legally.

In more complex or high-value cases, you may apply to transfer the case to the High Court, allowing High Court Enforcement Officers (HCEOs) to carry out the eviction. This process can be faster but may involve higher costs.

How Long Does It Take to Evict a Tenant?

The timeline for eviction varies depending on the type of notice and whether the tenant contests the process:

• Serving notice: 2 weeks to 2 months (depending on type).
• Court process: 6 to 10 weeks on average.
• Bailiff eviction: 2 to 6 weeks after court order.

Altogether, a tenant eviction can take between 3 and 6 months, sometimes longer if the case is defended or delayed due to court backlogs.

How Much Does It Cost to Evict a Tenant?

The cost depends on the notice type, legal fees, and court expenses:

While it’s possible to handle the process yourself, many landlords prefer using specialist tenant eviction solicitors to avoid mistakes and delays that can end up costing more.

Can You Evict a Tenant Without Going to Court?

In some situations, yes — but only if the tenant leaves voluntarily after receiving a valid notice. If they choose to stay beyond the notice period, you’ll need a court order.

Never:

• Change the locks.
• Remove belongings.
• Harass or threaten the tenant.

Doing so could be considered an illegal eviction under the Protection from Eviction Act 1977, which carries criminal penalties and fines.

What Happens if a Tenant Refuses to Leave?

If your tenant refuses to leave after the court order, you’ll need to arrange for bailiffs to enforce it. The bailiffs will give notice of the eviction date, and if the tenant still doesn’t move out, they’ll be physically removed.

Once the property is vacant, you can change the locks and begin any cleaning or repair work required.

How to Avoid Eviction Problems in the Future

While eviction is sometimes unavoidable, landlords can take proactive steps to reduce the risk of disputes:

• Screen tenants properly – Conduct background and credit checks.
• Use clear tenancy agreements – Define rules on rent, maintenance, and notice periods.
• Keep communication open – Resolve small issues early before they escalate.
• Maintain records – Keep copies of emails, letters, and payment receipts.

A transparent, well-documented relationship often prevents the need for eviction.

Do You Need a Solicitor to Evict a Tenant?

You’re not legally required to hire a solicitor — but working with an eviction specialist can make a big difference.

Eviction solicitors understand how to:

• Prepare and serve valid Section 21 or Section 8 notices.
• Handle court paperwork correctly.
• Represent you during hearings.
• Avoid costly mistakes that could delay your case.

If you’re uncertain about any part of the process, it’s always safer to get professional legal advice.

Can a Tenant Sue for Being Evicted?

Yes, tenants can take legal action if they believe they were illegally evicted or harassed. This might include:

• Locking them out without a court order.
• Disconnecting utilities.
• Intimidating or threatening them to leave.

If found guilty, a landlord could face fines, imprisonment, or compensation claims from the tenant. Always follow the proper legal process and document every step to protect yourself.

How to Evict Tenants Quickly and Legally

To summarise, here’s a quick checklist for landlords:

1. Identify the reason for eviction.
2. Choose the right notice (Section 21 or Section 8).
3. Serve the notice correctly using the official forms.
4. Wait for the notice period to end.
5. Apply for a possession order if needed.
6. Involve bailiffs if the tenant still refuses to leave.

Following this step-by-step process ensures your eviction is legal, fair, and enforceable.

Final Thoughts

Evicting a tenant is never pleasant, but by following the law carefully, you can regain possession of your property with minimal stress. Always make sure to serve the correct notice, keep records, and avoid taking matters into your own hands.

If you’re unsure how to proceed or your tenant is causing serious problems, consult a specialist tenant eviction solicitor. They can guide you through the legal process, handle court paperwork, and help you achieve a smooth and lawful eviction.

Need Professional Help with Tenant Eviction?
If you’re struggling to evict a tenant or need legal advice on serving a Section 21 or Section 8 notice, experienced eviction solicitors can help. We handle every step of the process from notice to possession, ensuring compliance with all legal requirements.