How to Evict a Tenant – Post Renters Right Act 2025
While most tenancies go by without any problems, sadly the chances of ending up with a problem tenant are higher than you might think. Deciding to evict a tenant is seldom an easy decision to make. However, it is often the only option if the tenant will not pay rent or repeatedly breaches the terms of their tenancy agreement.
Following the introduction of the Renters’ Rights Act and the abolition of most Section 21 “no fault” evictions, many landlords are understandably concerned that it is now impossible to evict tenants. This is not the case. Landlords can still evict tenants where valid legal grounds exist. However, the legal process has changed significantly and landlords now usually need to rely on the Section 8 possession procedure and comply carefully with the updated notice requirements and statutory grounds. Because the rules have become increasingly technical, obtaining legal advice before taking action is strongly recommended.
It is important to note that only legal professionals authorised by the Legal Services Act 2007 (such as ourselves) are authorised to handle litigation matters including tenant eviction, even though many unregulated companies also offer tenant eviction services. Possession litigation can only be provided by regulated legal professionals under this Act and clients who instruct unregulated firms to carry out their litigation run the risk of facing enormous delays and increased costs because the Court will not accept an application for a possession order from an unregulated body.
Do I Need a Reason to Evict my Tenant?
Following the introduction of the Renters’ Rights Act, landlords can no longer generally evict residential tenants using a Section 21 “no fault” eviction notice.
Landlords seeking possession of residential property must now usually rely on the Section 8 tenant eviction procedure and establish one or more statutory grounds for possession.
If your tenant has breached the tenancy agreement, fallen into rent arrears, caused damage to the property, engaged in anti-social behaviour or otherwise breached their obligations as a tenant, it is usually appropriate to proceed using a Section 8 Eviction Notice.
Depending on the grounds relied upon, the minimum notice period may vary. In rent arrears cases, landlords may also seek recovery of unpaid rent alongside possession proceedings.
What Reasons Can I Evict my Tenant For?
You must have valid legal grounds if you want to serve a Section 8 notice on your tenant. There are both mandatory grounds and discretionary grounds for possession under Schedule 2 of the .
If you are evicting your tenant on Housing Act 1988 a mandatory ground and the Court is satisfied that the ground is proven, the Court will usually grant a Possession Order.
Mandatory grounds include (but are not limited to):
- Non-payment of rent (Ground 8): Your tenant must usually owe at least three months’ rent (or 13 weeks’ rent if rent is paid weekly) both at the date of service of the notice and at the date of the hearing.
- Landlord requiring the property as a residence (Ground 1): In certain circumstances, landlords may seek possession if they or a close family member genuinely intend to live in the property.
- Intention to sell the property (Ground 1A): Landlords may seek possession where they genuinely intend to sell the property.
- Redevelopment of the property: Possession may be available where substantial redevelopment works cannot reasonably be carried out while the tenant remains in occupation.
Alternatively, if you are evicting your tenant on a discretionary ground, the Court will consider the circumstances of the case and decide whether it is reasonable to grant possession.
Discretionary grounds include (but are not limited to):
- Non-payment of rent: Even where the arrears fall below the Ground 8 threshold, possession may still be granted at the Court’s discretion.
- Late payment of rent: Persistent late payment of rent may justify possession proceedings.
- Breaching the tenancy agreement: The Court will consider the seriousness of the breach and the surrounding circumstances.
- Damage to the property: This can include damage to the property itself or to furniture included with the tenancy.
- Anti-social behaviour: Complaints from neighbours or police involvement may support possession proceedings.
- Illegal activity: This may apply where the tenant has used the property for criminal activity.
- Dishonesty in the tenancy application: For example, where the tenant provided false information about their identity or right to rent.
How Much Notice Do I Have to Give my Tenant?
The notice period depends on the grounds being relied upon.
In many rent arrears cases involving Grounds 8, 10 and 11, landlords are now generally required to provide at least 4 weeks’ notice before possession proceedings can begin.
Different grounds can require different notice periods and the rules can change depending on the legislation in force at the time. Because of this, it is important to obtain legal advice before serving notice.
How Do I Evict a Nuisance Tenant?
Nuisance tenants are commonly evicted using Section 8 discretionary grounds relating to anti-social behaviour, nuisance or breach of the tenancy agreement.
Evidence is extremely important in these cases and may include:
- complaints from neighbours
- police reports
- photographs or videos
- witness statements
- tenancy breach records
The Court will consider whether it is reasonable to grant possession based on the seriousness of the behaviour and the evidence available.
Because anti-social behaviour cases can be heavily disputed, landlords are strongly advised to seek legal advice before serving notice.
Can I Evict a Tenant Without a Tenancy Agreement?
Yes, in some circumstances.
A written tenancy agreement is helpful, but a tenancy can still exist even where nothing has been signed. If the tenant pays rent and occupies the property as their home, the law may still recognise a tenancy arrangement.
Landlords must still follow the correct legal eviction process and obtain a possession order through the Court before removing the tenant from the property.
Attempting to evict a tenant without following the legal procedure could amount to unlawful eviction.
How do I Evict a Tenant?
Here is a rough guide to the tenant eviction process:
Instruct Legal Advice
While a landlord can serve notice on a tenant themselves, it is strongly advisable to instruct a specialist tenant eviction solicitor before taking any action to recover possession of your property.
A tenant eviction solicitor can review the circumstances of your case, advise you about potential counterclaims or procedural issues, prepare and serve the correct notices and issue Court proceedings where necessary.
It is also important to remember that only regulated legal professionals are authorised to conduct possession litigation.
If your tenant does not leave the property voluntarily after notice expires, possession proceedings will usually need to be issued through the Court.
Serve Notice on your Tenant
You will usually need to serve a Section 8 notice using the prescribed form.
The notice must include:
- the tenant’s full name
- the property address
- the grounds for possession being relied upon
- the date after which possession proceedings may begin
If the notice is not prepared or served correctly, it may be invalid and the process may need to begin again. For this reason, many landlords choose to instruct specialist tenant eviction solicitors to prepare and serve notices properly.
Apply to the Court for a Possession Order
If your tenant does not leave the property after the notice period expires, your solicitor will usually need to apply to the Court for a Possession Order.
Once the claim has been issued, the Court will provide a hearing date.
Even where mandatory grounds are relied upon, the Court will usually list the matter for a hearing.
Attend the Court Hearing
You and your solicitor will usually need to attend the hearing, either in person or remotely if directed by the Court.
Your tenant may also attend and may raise a defence or counterclaim.
Your solicitor will present the evidence to the Court and explain why possession should be granted.
The hearing will usually conclude in one of three ways:
- An Outright Possession Order is granted requiring the tenant to leave the property.
- A Suspended Possession Order is granted allowing the tenant to remain subject to conditions.
- The Court dismisses or adjourns the claim.
Eviction
If the Court grants an Outright Possession Order, the Order will specify the date by which the tenant must leave the property.
This is commonly 14 days after the hearing, although the Court can extend this in cases of exceptional hardship.
If the tenant still refuses to leave, landlords must apply for enforcement through County Court Bailiffs or High Court Enforcement Officers.
Landlords must not attempt to evict tenants themselves without following the legal process.
How Much do Bailiffs Cost to Evict a Tenant in the UK?
The cost of enforcing a possession order depends on whether landlords use County Court Bailiffs or High Court Enforcement Officers.
County Court Bailiffs are usually cheaper but often slower due to Court backlogs.
High Court Enforcement Officers are generally faster but involve higher enforcement costs.
Additional Court fees may also apply for enforcement applications. Legal fees can vary depending on the complexity of the matter and whether the tenant defends the claim.
How Long Can it Take to Evict a Tenant?
Providing an exact timeframe is difficult because every case is different.
The timescale depends on:
- the grounds being relied upon
- the notice period applicable
- Court waiting times
- whether the tenant files a defence
- how quickly enforcement officers are available
Since the abolition of Section 21 notices, most landlords now proceed using the Section 8 process, which can take longer where tenants dispute the claim or raise counterclaims.
In straightforward cases, possession may be obtained within a few months. However, defended cases involving allegations of disrepair, anti-social behaviour disputes or procedural challenges can take significantly longer.
Do I Have to Go to Court to Evict my Tenant?
If your tenant leaves voluntarily after receiving notice, Court proceedings may not be necessary.
However, if the tenant remains in occupation, landlords will usually need to apply to Court for a Possession Order before lawfully recovering possession.
Since the abolition of Section 21 notices, the traditional Accelerated Possession Order procedure is no longer generally available for new residential possession claims.
How Much Does it Cost to Evict a Tenant in the UK?
Court fees will apply, and the latest rates are published on the Government website. You will also usually need to pay legal fees, which may be charged on a fixed fee or hourly rate basis depending on the complexity of the matter.
For a no obligation quote for legal fees, please do get in touch either by calling 020 3820 3946 or sending a message via the contact form.
In some circumstances, landlords may ask the Court to order the tenant to pay legal costs. However, recovering costs can sometimes be difficult where tenants are already experiencing financial difficulties.
How do I Evict a Commercial Tenant?
The legal process for repossessing a commercial property differs significantly from the process for evicting residential tenants.
The landlord’s rights will usually depend on the terms of the commercial lease, including any forfeiture provisions.
Do I Need to Evict my Tenant in Order to Sell my Property?
Not necessarily.
In some cases, landlords can sell a property with sitting tenants in place, which may appeal to buy-to-let investors.
However, following the Renters’ Rights Act reforms, landlords may also be able to seek possession using Ground 1A where they genuinely intend to sell the property.
Can the Tenant Stop an Eviction?
If you are relying on rent arrears grounds, the tenant may be able to reduce the arrears below the mandatory Ground 8 threshold before the hearing takes place.
In those circumstances, landlords may still continue relying on discretionary grounds such as persistent late payment of rent, although the Court will then decide whether it is reasonable to grant possession.
Tenants may also challenge possession proceedings by arguing that:
- the notice was invalid
- the landlord failed to follow the correct procedure
- the eviction is discriminatory
- there are disrepair issues affecting the property
If the tenant successfully defends the claim, the Court may dismiss or adjourn the proceedings.
Obtaining legal advice from an experienced tenant eviction solicitor will decrease the likelihood of a successful tenant defence as we will ensure that all procedures are followed correctly and comply with the relevant laws.
What Can a Landlord do if a Tenant Disappears?
The most important thing is not to immediately assume the property has been abandoned.
There may be legitimate reasons why the tenant is temporarily absent from the property, such as illness, travel or family emergencies.
Landlords should first make reasonable attempts to contact the tenant before taking action.
If the tenant has stopped paying rent or breached the tenancy agreement, landlords can still serve a Section 8 notice and commence possession proceedings in the usual way.
Do I Need a Solicitor to Evict a Tenant?
Landlords are strongly advised to instruct specialist tenant eviction solicitors when seeking possession of residential property.
A solicitor can help reduce delays, ensure notices are valid and provide representation throughout the possession proceedings and enforcement process.
How Starck Uberoi Solicitors can Help
Our tenant eviction solicitors are well known for their efficient tenant eviction services and extensive experience in possession proceedings.
The combined expertise of our litigation department ensures that clients receive practical legal advice and support tailored to their individual circumstances, no matter how straightforward or complex the matter may be.
To book an appointment, please call 020 3820 3818 or email solicitor@starckuberoi.co.uk.
Our Offices
Our Brentford Solicitors, are located on the High Street in a grand three-story building, just a short distance from Brentford County Court. Our Belgravia solicitors are located Just a 5-minute walk from Victoria tube station in Grosvenor Gardens. Our Ealing solicitors are only a short walk from both Ealing Broadway and South Ealing and our Richmond Solicitors have the pleasure of overlooking the picturesque Richmond Green. Finally, our Solicitors in Canterbury are located in the within the UNESCO World Heritage Site of Canterbury Cathedral. Our partner, Raminder Uberoi, can also offer a Notary Public Service at any of our London offices.
