Gavin Howe
Evicting a tenant in the UK can be a stressful and costly process for landlords, with expenses ranging from £1,000 to £3,000. It is important to follow the correct legal procedures to avoid any legal repercussions and accusations of harassment. The first step is to serve the tenant with the appropriate notice, either a Section 21 or Section 8 notice, depending on the reason for eviction. A Section 21 notice is used when a landlord wants to reclaim possession of the property without providing a reason, whereas a Section 8 notice is used when the tenant has breached the tenancy agreement. The tenant must be given at least two months' notice, and if they do not leave by the specified date, the landlord must obtain a possession order from the court.
How to evict a tenant in the UK:
| Characteristics | Values |
|---|---|
| First step | Serving the appropriate notice: Section 21 or Section 8 under the Housing Act 1988 |
| Section 21 notice | Served when landlord wants to take back possession of the property at the end of the fixed-term tenancy, or if there is a break clause in the contract |
| Section 8 notice | Served when tenant has breached the tenancy agreement, e.g. by failing to pay rent, causing damage to the property, or engaging in antisocial behaviour |
| Notice period for Section 21 | At least two months |
| Notice period for Section 8 | Varies, but can be as short as two weeks for serious issues |
| Next step after notice | Apply for a possession order |
| Possession order fee | £355 for a standard order, £275 for an accelerated order |
| If tenant remains in property | Apply for a warrant for possession, which costs £130 |
| Total cost of eviction | Typically £1,000 to £3,000, but can vary depending on circumstances |
| Legal procedures | Must be followed to ensure eviction is lawful and avoid legal issues or accusations of harassment |
| Tenant protections | Eviction is illegal if proper procedure is not followed |
| New legislation | Renters' Reform Bill (May 2023) includes a ban on Section 21 no-fault evictions, to become law in October 2024 |
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What You'll Learn
Section 21 vs Section 8 notices
In the UK, landlords can use either a Section 21 or Section 8 notice to evict a tenant with an assured shorthold tenancy. The Housing Act 1988 governs both notices, but they serve different purposes.
A Section 21 notice is often used when a landlord wants to take back possession of the property without providing a reason for eviction, also known as a 'no-fault' notice. This type of notice can be served after a fixed-term tenancy ends or during a periodic tenancy with no fixed end date. It is important to note that a Section 21 notice cannot be served during the first four months of the tenancy, and the tenant must be given at least two months' notice.
On the other hand, a Section 8 notice is used when a tenant has breached the terms of the tenancy agreement. Common grounds for possession under a Section 8 notice include rent arrears, property damage, or other misconduct. When serving a Section 8 notice, the landlord must specify which terms of the tenancy have been broken. The notice period for a Section 8 notice can range from two weeks to two months, depending on the severity of the breach.
It is worth noting that the UK government has introduced a Renters' Reform Bill which includes a ban on Section 21 no-fault evictions. This change is set to come into force in late 2025, and landlords will need to rely on other routes, such as Section 8, to evict tenants.
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Notice periods
The first step in evicting a tenant is to serve them with an eviction notice. This can be a Section 21 or Section 8 notice, depending on the reason for the eviction and the type of tenancy. It is important to note that the notice must be served using the correct form, which may vary depending on the location of the property.
Section 21 Notice
A Section 21 Notice allows a landlord to regain possession of a property without giving a specific reason. This notice is typically served towards the end of a fixed-term tenancy, during a periodic tenancy, or if there is a break clause in the contract. Landlords must give tenants at least two months' notice to vacate the property. It is important to ensure that all legal requirements, such as protecting the tenant's deposit in a government-backed scheme, have been met before serving a Section 21 notice.
Section 8 Notice
A Section 8 Notice is used when the tenant has breached the terms of the tenancy agreement, such as failing to pay rent, causing damage to the property, or engaging in antisocial behaviour. The notice period for a Section 8 can vary depending on the grounds for eviction, but it can be as short as two weeks for serious issues such as rent arrears. Other grounds for a Section 8 Notice include persistent delays in paying rent, breach of any term of the tenancy agreement other than rent, deterioration of the property due to the tenant's actions, and nuisance or annoyance to neighbours. It is important to note that a Section 8 possession always requires a court hearing, unlike a Section 21 termination, which can be done on paper.
It is crucial for landlords to follow the correct legal procedures and notice periods to ensure the eviction is lawful and to avoid potential legal issues or accusations of harassment. With the upcoming changes to the Renters' Rights Bill, expected to come into force in late 2025, landlords should review their tenancy agreements and stay updated with the latest regulations.
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Grounds for eviction
In the UK, the eviction process is governed by the Renters' Rights Bill, which came into effect in late 2025. The Bill abolishes Section 21 "no-fault" evictions, meaning landlords can no longer evict tenants without providing a valid reason. This change ensures that tenants are protected from arbitrary eviction and are given enough time to find a new home.
To evict a tenant in the UK, landlords must now use Section 8 of the Housing Act 1988, which provides valid grounds for eviction. These grounds include:
- Rent arrears: This is the most common reason for eviction. The notice period for rent arrears is typically 14 days, and the grounds for eviction are based on the frequency of rent payments. For example, eviction grounds are eight weeks of arrears for weekly or bi-weekly rent payments, two months of arrears for monthly payments, and three months of arrears for rent payable every three months or yearly.
- Contractual violations: Landlords can evict tenants for breaching the terms of their tenancy agreement, such as causing serious damage to the property.
- Selling the property or moving in: Landlords now have strengthened grounds for possession if they wish to sell the property or move into it themselves.
- Severe anti-social or criminal behaviour: This ground, known as Ground 7A, allows landlords to evict tenants who engage in severe anti-social or criminal behaviour.
- Anti-social behaviour: Ground 14 provides grounds for eviction if the tenant exhibits anti-social behaviour.
It is important to note that the eviction process can vary depending on the specific circumstances and the location of the property. Landlords must follow the correct legal process to avoid facing legal consequences and ensure a smooth eviction procedure.
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Court procedures
The first step in the court procedures for evicting a tenant is to serve the appropriate eviction notice, either a Section 21 or Section 8 notice. A Section 21 notice can be served when the landlord wants to reclaim the property once the fixed-term tenancy ends or during a periodic tenancy, and no reason needs to be given. A Section 8 notice is used when the tenant has breached the tenancy agreement, such as by failing to pay rent or causing damage to the property. The notice period for a Section 8 can be as short as two weeks for serious issues, while a Section 21 notice requires a minimum of two months' notice.
If the tenant does not leave by the date specified in the notice, the landlord can apply for a standard possession order through the local court. If the tenant owes rent, the landlord can apply for a warrant for possession, which allows bailiffs to evict the tenant. This can be done using Form N325 on the gov.uk website or the Possession Claim Online service, and it costs £148. It generally takes around 4-8 weeks for the warrant to be actioned, but there may be variations depending on the local court.
If the landlord needs to speed up the eviction process, they can transfer the case to the High Court, where a writ of possession can be issued, allowing High Court Enforcement Officers to carry out the eviction more swiftly. However, this incurs additional costs.
It is important to note that landlords must follow specific legal steps to ensure the notices are valid. For example, a Section 21 notice cannot be served if the landlord has not returned the tenant's deposit or provided essential documents such as the Gas Safety Certificate and Energy Performance Certificate.
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Warrant for possession
In the UK, tenants are protected by law, and eviction is not something that can be pushed through without following the correct process. Eviction procedures can vary based on specific circumstances, and it is important to note that failure to follow the correct legal process could result in an illegal eviction.
A warrant for possession is a document that permits a bailiff or High Court Enforcement Officer to enter a property, evict tenants, and return the property to the landlord. This is applied for when a tenant does not leave the property following the issuance of a possession order. The process can take anywhere from 5 to 10 weeks and costs £130.
To apply for a warrant for possession, you can use either the Possession Claim Online service or the EX96 'notice of appointment' form. The court will then send the tenants an eviction notice with the date they must leave the property by. If the tenants do not leave by this date, a bailiff can evict them.
It is important to note that landlords are prohibited from applying for a warrant of possession on the basis of rent arrears during a breathing space moratorium. The landlord must notify the court if the tenant is in such a situation.
Tenants have the right to apply to suspend a warrant of possession before it is executed. If the possession order was made on discretionary grounds, the court has the power to suspend the warrant. However, the court's powers are more limited where possession is mandatory, such as following a Section 21 notice.
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Frequently asked questions
The first step is to serve the tenant with the appropriate eviction notice. This can be a Section 21 or Section 8 notice, depending on the reason for the eviction and the type of tenancy.
A Section 21 notice is served when a landlord wants to take back possession of the property without giving a reason, usually at the end of a fixed-term tenancy or during a periodic tenancy. A Section 8 notice is served when a tenant has breached the tenancy agreement, such as by failing to pay rent or causing damage to the property.
If the tenant does not leave by the date specified in the notice, the landlord must obtain a court order for possession. This can be a standard possession order or an accelerated possession order, depending on whether the landlord is claiming unpaid rent.
The cost typically ranges from £1,000 to £3,000, including court fees and legal fees if a solicitor is hired. There are also specific fees associated with different types of possession orders.
