How to evict a tenant and legally end a tenancy in the UK

It’s a fact that tenancies often come to an end early. Sometimes it’s the tenant themselves who call time, but usually it is the decision of the landlord.  But unlike the tenant, who only needs to give one month’s notice, for landlords the eviction process can take a little longer, depending on the circumstances.

Landlords can issue Section 8 or Section 21 notices, depending on the reasons the landlord needs to claim possession of their property.

What is an eviction notice?

An eviction notice is a legally binding process that landlords can use to terminate a tenancy before its agreed end date or after its fixed term has elapsed. They might want to do this for a number of reasons, and tenants might not be to blame at all. Equally, there may have been clear breaches of the tenancy agreement.

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What are the mandatory grounds or legal grounds for eviction?

There are two types of grounds for eviction. A court can order possession of the property to take place if it judges that the mandatory or discretionary grounds have been met.

• Mandatory grounds – such as lender repossession, the owner needing to occupy the property for themselves, or death of the tenant
• Discretionary grounds – these include rent arrears, persistent delay in paying rent, breach of tenancy conditions and other issues.

The following are some of the individual grounds or reasons for eviction:

Landlord Requires Property for Personal Use

The landlord requires the property in order to use it as their main residence.

Foreclosure

If the landlord has defaulted on their mortgage, the lender can repossess the property as an asset, and the tenancy has no validity.

Change of Letting Status

The property may have previously been used as a holiday or student let and is required to return to this status.

Owned by Educational Institution

The property is being let by an educational institution and is now required by students of the educational institution. Written notice that this may happen must be served before the tenancy begins.

Owned by Religious Body & Needed for Members

The property is owned by a religious body and they require possession so that an employee (such as a Minister of Religion) can be housed.

Landlord Wants to Change Property

The landlord wants to demolish, reconstruct or redevelop all or part of the property. The work cannot reasonably be carried out while the tenant remains in the property or the tenant has refused to remain in the property. If permission for the work is granted the landlord is required to pay all reasonable moving costs to the tenant.

Death in Tenancy

Under an assured shorthold tenancy, the tenancy has been passed on following the death of the original tenant. The landlord must serve a Section 8 notice within 12 months of the death of the named tenant.

Anti-Social Behaviour or Illegal Activity

A landlord can issue a Section 8 notice if there has been serious anti-social behaviour in the locality of the house or against someone who lives nearby, or against the landlord, or if there is evidence of illegal activity taking place.

No Right to Rent in UK

The tenant has no right to rent in the UK.

Rent Arrears

Rent arrears is one of the most common reasons given for an eviction notice. Landlords have a legal right to be paid rent as part of a rental agreement. It is important to have paperwork to prove that a tenant is behind on their rental payments. You should keep a record of when payments were due and evidence to show you have requested payment in writing.

How much arrears does there have to be before an eviction notice can be issued?

It depends on the frequency with which rent is paid. The tenant must be in arrears at the time of serving notice and at the time of the court hearing.

• Weekly payments – 8 weeks
• Monthly payments – 2 months
• Quarterly payments – 1 quarter

What are other reasons or discretionary grounds for eviction?

Accommodation Transfer of Tenant

Suitable accommodation of the same type and quality has been offered to the tenant. The landlord is required to pay all reasonable removal costs if possession is granted.

Benefits Disputes and Rent Arrears

The rent must still be in arrears at the time of serving notice and at the time of the hearing in court. The court may find that there are no grounds for possession if there is an outstanding claim for benefits, or if the rent is being paid even though it might appear that the tenant is in arrears.

Repeated Late Payments

If the tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord, they are at risk of eviction.

Breached Terms of Tenancy Agreement

The tenant has breached any of the terms listed in the tenancy agreement. The court may make a decision on whether it believes the terms to be fair. Common breaches include:

• Unauthorised occupancy & subletting without permission
• Operating a business from a property without permission
• Pets
• Smoking

Other grounds for eviction

Other grounds for eviction include property damage or neglect, illegal or immoral use of property, domestic abuse (social tenancies only), riot related offences, damage to furniture or appliances, employment conditions for a tenant that have ended, or false information from a guarantor.

Can you evict a tenant for no reason?

Yes. As the law currently stands a tenant does not have to do anything wrong in order to be evicted. A landlord can issue a Section 21 notice, which does not need a reason to be given for ending the tenancy. However, legislation is currently going through the UK Parliament that will make Section 21 ‘no fault’ evictions unlawful. This is part of the Renters Reform Bill, which is intended to give more security to tenants and make it impossible for landlords to evict without just cause.

What is a Section 21 eviction notice?

Section 21 notices are known as ‘no-fault’ evictions because a landlord does not have to give a reason, or blame the tenant in any way. They are often used when a landlord has a legitimate reason for gaining possession. They do not have to be heard in Court, so are usually a quicker way to evict than a Section 8 notice.

What is the notice period of a Section 21 eviction?

Section 21 notices give a tenant two months notice to leave the property. Section 21 notices can be served after the fixed period of a tenancy is over, after the first four months of a 6-month tenancy or the first ten months of a 12-month tenancy. 

Because the landlord doesn’t need to give any reason for serving this type of eviction notice, there is usually no need for the case to be heard in court. This means that provided the landlord has served the correct paperwork, had conducted the tenancy fairly – including providing the prescribed information at the start of the tenancy, then there should be no reason why possession shouldn’t be granted.

This is why landlords sometimes use this process when a tenant has defaulted on their tenancy agreement, as it can often be a swifter, cheaper route than serving a Section 8 Notice.

Section 8 Eviction Notices & Processes

Also known as mandatory evictions, Section 8 notices can be used to evict a tenant if they have breached the tenancy agreement.

What must you do when serving a Section 8 notice?

Reasons must be given for the eviction notice. Landlords must provide evidence that they have been in contact with the tenant about the issue that has led to the breach. Section 8 notices must be heard in Court.

What are the notice period processes and requirements for a Section 8 notice?

If landlords are issuing a Section 8 notice, they must give 28 days legal notice to the tenant before Court proceedings to evict can commence.  There can be some delays processing this type of eviction, because tenants have the right to defend themselves in Court.

What is the legal process for evicting a tenant in the UK?

After serving a valid notice, the landlord has further options. If the tenants do not vacate the property voluntarily before the allotted date, landlords can apply for a possession order.

Applying for Possession Order at Court

If a Section 8 notice is ignored by a tenant, a possessions order can be applied for by a landlord. This takes 6-8 weeks to be granted. If the notice of a possessions order still does not see the tenant leave, the final step is an application for an eviction date with the County Court.

Standard Possession Orders

This is the most common type of possession order.

It is typically used when a Section 21 notice (no-fault eviction) has been served and the tenant hasn't left by the specified date. The court will usually grant a standard possession order, giving the tenant additional time to vacate the property (typically 2-6 weeks).

Accelerated Possession Orders

This type of order is used in specific circumstances where the tenant has breached the tenancy agreement in a serious way. To qualify for an accelerated possession order, the specific grounds for eviction must be outlined in the tenancy agreement itself.

Examples of grounds for an accelerated possession order include:

• Rent arrears exceeding a certain amount (usually two months or more)
• Anti-social behaviour causing a nuisance to neighbours
• Damage to the property by the tenant

If the court grants an accelerated possession order, the tenant may have very little time to leave the property, potentially as little as a few weeks.

Enforcing the Possession Order with Bailiffs or High Court Enforcement Officers

County Court Bailiffs and High Court Enforcement Officers are agents employed to recover debts, but they have slightly different powers. County Court Bailiffs have to give the tenant seven days notice to leave the property. Bailiffs can also only enter a property if they are allowed in, and cannot enter properties between 9pm and 6am.

High Court Enforcement Officers are private sector agents authorised by the Ministry of Justice. They are instructed if the rent arrears accrued by the tenant are over £5000. They can arrive at the property unannounced, and can use force if required to gain entry to the property.

FAQs

Can you evict a tenant without a tenancy agreement?

Yes you can. A section 21 notice can still be served in accordance with the Housing Act of 1988, but witnesses will be needed to prove that the tenancy agreement was verbal in nature and not written down. If a judge is satisfied with the evidence at the case hearing, a possession order can still be made. Accelerated possession orders are not possible without a written tenancy agreement.

Can you evict a tenant before a lease expires?

Yes, you can issue an eviction notice before the fixed term of a tenancy has elapsed. Section 8 notices can be served after the first four months of a 6-month tenancy or the first ten months of a 12-month tenancy, or at the point of a break clause.

Can you evict a sitting tenant?

Yes, you can use a Section 21 notice to evict a sitting tenant if you are seeking possession in order to sell the property.

Can you evict a tenant with a child?

Yes, even though a tenant may have dependent children living with them at a property they can still be evicted. Local councils will be able to help families if they are at a risk of being made homeless through eviction.

Can you evict a disabled tenant?

Again, yes, it is possible to evict a disabled tenant, but landlords should exercise caution and act in a proportionate manner. Disabled tenants have more legal protection, and they will have more rights to stay in a property than someone who is not disabled.

How long does it take to evict a tenant?

The time it takes for an eviction to take place really depends on the attitude of your tenant and the pace of any Court proceedings. It can take as little as 14 days to evict a tenant; but it can be many months if the tenant is not willing to vacate.

How much does it cost to evict a tenant?

Evicting a tenant can be an expensive business. The full cost will depend on how a tenant responds to the eviction notice. Serving a notice costs around £100. Possessions orders cost £355 to apply for online. Using a County Court Bailiff to enforce the possession order is cheaper than going through the High Court, but is still likely to cost around £400. It is easy to spend over £1,500 to evict a tenant if landlords want it done as quickly and efficiently as possible.

What are some alternatives to eviction?

For some landlords eviction is very much a last resort.

Mediation

If there is a willingness on both parties to avoid legal proceedings, the landlord could choose to use a professional mediator. They will find try to find common ground and an agreement acceptable to both landlord and tenant.

Repayment Plans

If the reason for a possession order was rent arrears, the tenant will be allowed to remain if they make the payments to the landlord that have been requested, or keep to the agreed repayment plan.

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