How to evict a tenant in the UK

With about a 32% increase in eviction notices served to tenants between 2022 and 2023, landlords have increasingly found reasons to evict tenants in the UK. But this doesn’t mean eviction is straightforward; tenancy law is complex, and there are lots of legal procedures to adhere to.

In this comprehensive guide, we’ll walk you through the step-by-step process of how to evict a tenant in the UK, ensuring you comply with the relevant laws and regulations.

But first, let’s start by examining the different types of tenancy agreements, as it’s crucial to help you assess what eviction rules apply to you.

Understanding the different tenancy agreements

In the UK, the eviction process may differ based on the form of tenancy agreement in place. The two forms of tenancy agreements include Assured Shorthold Tenancy and Periodic Tenancy.

• Assured Shorthold Tenancy (AST): This is the most common type of tenancy agreement in England and Wales. It usually has a fixed-term period, after which it may become a periodic tenancy.
• Periodic Tenancy: A periodic tenancy runs monthly or weekly with no predetermined end date. Also, when a fixed-term tenancy expires and isn’t renewed for a new fixed term, the tenancy agreement in place is a periodic tenancy.

Knowing the type of tenancy agreement your tenant has is crucial, as it will determine the appropriate eviction procedure to follow. Now, let’s walk through the process of successfully evicting a tenant in the UK.

How to evict a tenant in the UK

One of the things landlords are not allowed to do while renting is to lock out tenants without going through a proper eviction process.
Generally, you need to consider the following options to evict a tenant in the UK:

Option A (Section 21 Notice): ending a tenancy

One of the most common ways to evict a tenant in the UK is by serving a Section 21 notice. This notice is used to end a tenancy agreement, whether it is a fixed-term or periodic tenancy.
Here’s how to serve a Section 21 notice:

• Checking Eligibility: Before serving a Section 21 notice, ensure that you have met all the legal requirements, such as fulfilling your landlord certificate obligations to tenants. These include providing the tenant with necessary documents such as the Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s “How to Rent” guide.
• Serving the Notice: Fill out the prescribed Section 21 notice form (Form 6A) and serve it to the tenant. The notice must state that it is being served under Section 21 of the Housing Act 1988. Remember, you cannot serve a Section 21 notice within the first 4 months of a tenancy.
• Notice Period: The notice period for a Section 21 notice is usually 2 months. However, in a case where the tenancy is renewed after a fixed term ends, landlords can serve a Section 21 notice at any period of the renewed tenancy.
• Possession Order: If the tenant does not vacate the property after the notice period expires, you can apply to the court for a possession order. This involves starting possession proceedings and providing evidence of serving the Section 21 notice correctly.
• Warrant of Possession: If the court grants a possession order and the tenant still refuses to leave, you can apply for a Warrant of Possession. This allows a court-appointed bailiff to physically remove the tenant from the property.

Option B (Section 8 Notice): grounds for eviction

In certain circumstances, landlords may need to evict a tenant using a Section 8 notice. This notice is served when there are specific grounds for eviction, such as non-payment of rent, anti-social behaviour, or breach of the tenancy agreement.
Here’s what you need to know about serving a Section 8 notice:

• Identifying Grounds for Eviction: Determine the specific grounds for eviction that apply to your situation. Grounds for eviction are categorised as either mandatory (grounds 1–8) or discretionary (grounds 9–17). Mandatory grounds require the court to grant possession if proven, while discretionary grounds give the court discretion to grant possession.
• Serving the Notice: Fill out the appropriate Section 8 notice form (Form 3) and serve it to the tenant. The notice must specify the grounds for eviction and provide the tenant with a reasonable notice period.
• Possession Order: If the tenant does not leave the property after the notice period expires, you can apply to the court for a possession order. The court will assess the grounds for eviction and make a decision based on the evidence provided.
• Warrant of Possession: If the court grants a possession order and the tenant still refuses to vacate the property, you can apply for a Warrant of Possession. This allows a court-appointed bailiff to physically remove the tenant from the premises.

Option C: the accelerated possession procedure

If you have served a valid Section 21 notice and are not claiming rent arrears, you may opt for the Accelerated Possession procedure. This procedure costs £355, is sometimes faster, and allows landlords to file for an order for possession without a court hearing.
Here’s what you need to know about the Accelerated Possession procedure:

• Serving a Section 21 Notice: Ensure that you have served a valid Section 21 notice to the tenant, giving them at least 2 months’ notice.
• Completing the Application: Fill out the necessary forms and submit them to the court. You can apply online through the Possession Claim Online service provided by the HM Courts and Tribunals Service.
• Court Decision: The court will review the application and supporting documents. If everything is in order, the court will grant the Order for Possession without a hearing.
• Enforcement: If the tenant still does not vacate the property after the possession order is granted, you can apply for a Warrant of Possession. This allows a court-appointed bailiff to physically remove the tenant from the premises.

While knowing the various ways to evict a tenant in the UK is helpful, the considerations below can also serve as a guide to ensure you act within the ambits of the law.

4 Important considerations and legal tips when evicting tenants

Evicting a tenant can be a complex legal process, and it is essential to ensure that you comply with all the relevant laws and regulations.
Here are a few considerations and tips to keep in mind:

• Right to Rent Checks: Landlords in the UK have a legal obligation to check their tenant’s right to rent. This ensures that tenants have the right to live in the country. Failure to conduct these checks can result in penalties and may affect your ability to serve eviction notices.
• Legal Representation: While it’s possible to handle the eviction process yourself, it’s advisable to seek legal advice, especially when dealing with complex cases or if you’re unfamiliar with the legal procedures. A solicitor can guide you through the process, help you complete the necessary documents, and represent you in court if needed.
• Documentation and Evidence: One of the common mistakes landlords make while renting is not keeping accurate records and paperwork. It’s crucial to maintain thorough documentation and gather evidence to support your case. This includes keeping records of rent payments, correspondence with the tenant, and any incidents or breaches of the tenancy agreement.
• Effective Communication: It is important to maintain open and clear communication with the tenant throughout the eviction process. Keep a record of all communications, including emails, letters, and phone calls, as they may be useful as evidence in court.

Frequently asked questions

How long does it take to evict a tenant in the UK?

The time it takes to evict a tenant in the UK varies depending on the circumstances. It can range from as little as 14 days to many months.
This variability is primarily influenced by two factors:

• Tenant’s Attitude: If the tenant is cooperative and vacates the property promptly after receiving notice, the eviction process can be relatively quick, potentially taking as little as 2 weeks.
• Court Proceedings: If the tenant contests the eviction or if there are delays in court proceedings, the process can be significantly prolonged, lasting for several months.

How much does it cost to evict a tenant in the UK?

Evicting a tenant in the UK can incur costs ranging from £1,300 to £2,200. The exact amount depends on whether the eviction process goes through the County Court or the High Court.
These costs typically include:

• Serving Notice: This involves serving the necessary eviction notices to the tenant, which incurs administrative and possibly legal costs.
• Possession Orders: Fees associated with obtaining possession orders from the court, which are necessary for legally removing the tenant from the property.

These expenses cover essential aspects of the eviction process and can vary based on factors such as legal representation, court fees, and any additional services required.

Can tenants refuse to move out in the UK?

Yes, tenants in the UK can refuse to move out after receiving a notice to leave from their landlord. If the tenant fails to vacate the property by the end of the notice period, the landlord must take legal action by applying to the court for a possession order. If granted by the court and the tenant still does not leave, the landlord can apply for a warrant for possession. This warrant allows bailiffs to enforce the eviction by physically removing the tenant from the property.

What is the quickest way to evict a tenant in the UK?

The quickest way to evict a tenant in the UK is by applying for an accelerated possession order. This applies if you don’t plan on claiming rent arrears and your tenant hasn’t vacated the premises by the date provided in your Section 21 notice. This approach can be faster than applying for a standard possession order and typically does not require a court hearing.

Things to remember

Knowing how to evict a tenant in the UK can be a challenging process, but by following the correct procedures explained above, you can successfully regain possession of your property.
Here is a recap:

• Understand the type of tenancy agreement in place and follow the appropriate eviction procedure accordingly.
• Serve the correct notice (Section 21 or Section 8) and ensure it complies with all legal requirements.
• Seek legal advice if you are unfamiliar with the eviction process or dealing with complex cases.
• Maintain thorough documentation and gather evidence to support your case.
• Communicate effectively and keep a record of all communications with the tenant.

Tenancy end tenant eviction.