Evicting a tenant should never be taken lightly, but there may come a time when eviction is the only and final option. Landlords who are unsure about the correct legal procedures may benefit from guidance provided by experienced letting agents. To begin the process and seek possession of the property, you must follow strict procedures to have a tenant removed. We have compiled this list of what to do and what not to do to help you understand your responsibilities as a landlord.
What Landlords Must Do When Evicting a Tenant: A Legal Checklist
Talk to your tenant
It is always better to resolve any disputes without the need for court action. First, see if you can reach an agreement with your tenant or help them establish a plan for moving out or repaying any rent arrears.
Make sure you keep a log of any correspondence and that any agreement reached is recorded in writing. You could follow up a phone call or face-to-face conversation with an email confirming what was said and agreed upon.
If you serve a notice, keep a record of the date you served it. You could ask the tenant to sign a receipt, or you can complete Form N215: Certificate of service or by writing ‘served by [your name] on [the date]’ on the notice. If your tenant doesn’t leave by the specified date, you can use your completed Form N215 or notice to apply for an accelerated possession order.
Choose the Right Eviction Process Section 21 or Section 8
When considering the process of eviction, there are two possibilities for terminating a tenancy in England:
Section 21 Notice: if you want your property back after the fixed term has ended or during a periodic tenancy
Section 8 Notice: If you need the property back for any other reason, such as if the tenant has broken the terms of the tenancy
What Is a Section 21 Eviction Notice: How It Works, and When It Ends
Landlords and agents will be able to serve Section 21 notice(s) after 01/05/26 when the Renter Right bill is introduced. Understanding section 21 tenants’ rights is important, as tenants are protected by specific rules that landlords must follow before serving notice.
- You must give your tenant at least two months’ notice.
- You cannot serve notice before the first four months of the tenancy.
- You cannot serve notice if you have received an improvement notice or emergency works notice for the property from the council within the last six months.
If the tenant does not leave on the date specified, you have six months from the date the notice is served to apply to court for a possession order.
To serve a Section 21, you must have also provided your tenant with an up-to-date Gas Safety Certificate, Energy Performance Certificate (EPC), tenancy deposit Prescribed Information and a copy of the Government’s How to rent guide and have a licence for the property (if it requires one).
Section 8 Notice for Eviction Grounds Explained
A Section 8 notice requiring possession must be given to the tenant on a specific form; unlike a Section 21 notice, you must give a reason for the eviction under Section 8. The reasons you can use are called grounds. There are two types of grounds: Mandatory (grounds 1–8), where a court must grant possession for these grounds, and Discretionary (grounds 9–17), where a judge in court must decide whether it is reasonable to grant possession. Some of these grounds are changing 01/05/26.
Renters’ Rights Act Eviction Grounds Explained
Mandatory Grounds for Possession
| Ground | Description | Notice period |
| Ground 1 | The landlord requires the property in order to use it as their main residence. | Two months |
| Ground 2 | The mortgage lender on the property has served notice to foreclose. In this case the mortgage in question has to predate the start of the tenancy. | Two months |
| Ground 3 | The property was previously used as a holiday let and is required to return to the status of holiday let. | Two weeks |
| Ground 4 | 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. | Two weeks |
| Ground 5 | The property is owned by a religious body and they require possession for a member of their church i.e. a Minister of Religion. | Two months |
| Ground 6 | The landlord wants to demolish, reconstruct or redevelop all or part of the property. And 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 granted the landlord is required to pay all reasonable moving costs to the tenant. | Two months |
| Ground 7 | Under an assured 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. | Two months |
| Ground 7a | Serious anti-social behaviour in the locality of the house or against someone who lives nearby or against the landlord or managing agent including conviction of a serious offence, a breach of an Injunction to Prevent Nuisance or Annoyance, breach of a Criminal Behaviour Order, if a closure order has been made on the property or if the tenant, or anyone living in or visiting the property, has been convicted of an offence relating to noise nuisance. | Four weeks for periodic tenancy, one month for fixed term |
| Ground 7b | The tenant has no right to rent in the UK. | Two weeks |
| Ground 8 | The tenant has failed to pay more than eight weeks rent in the case of weekly payments, two months in the case of monthly payments or one quarter in the case of quarterly payments. They must be in arrears at the time of serving notice and at the time of the hearing in court. | Two weeks |
Discretionary Grounds for Possession
| Ground | Description | Notice period |
| Ground 9 | 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. | Two months |
| Ground 10 | The rent is in arrears at the time of serving notice and at the time of the hearing in court. The court may find that this is not grounds for possession if there is an outstanding claim for benefits or if payment of benefits makes it look like the tenant is in arrears at some times but the rent is being paid. | Two weeks |
| Ground 11 | The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord. | Two weeks |
| Ground 12 | 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. | Two weeks |
| Ground 13 | The tenant has neglected or damaged the property, or they have sublet the property to another individual who has neglected or damaged the property. | Two weeks |
| Ground 14 | The tenant is guilty of behaviour causing or likely to cause nuisance, or annoyance, or they have been convicted for illegal or immoral use of property. | Immediately |
| Ground 14a | Domestic abuse (social tenancies only – where the victim has permanently left the property) | Two weeks |
| Ground 14za | The tenant has been convicted of an offence during a riot in the UK. | Two weeks |
| Ground 15 | The furniture listed on the property inventory has been misused, damaged, broken or sold by the tenant or any individual living with them. | Two weeks |
| Ground 16 | The property was let to the tenant as a condition of their employment but the employment has now come to an end. | Two months |
| Ground 17 | The property was let on the basis of false information provided by the tenant or one of their referees/ guarantor. | Two weeks |
Each ground has a different notice period; for example, for ground 8, you need to give two weeks’ notice before you can apply to the court for a warrant of eviction. If the tenant does not leave on the date specified, you have 12 months from the date the notice is served to apply to court for a possession order.
What Landlords Must NOT Do: Illegal Eviction and Criminal Offences
Do Not Neglect Your Landlord Obligations During the Notice Period
You must make sure your end of the tenancy agreement has been upheld during the notice period. Landlord obligations, such as maintenance, still need to be diligently addressed; failure on your part could result in legal action. It is also important to understand what constitutes reasonable wear and tear in a rental property, as this can help prevent disputes when the tenancy comes to an end.
Do Not Change the Locks This Is a Criminal Offence
Entering the property to change the locks without notice and prior to the tenant vacating the premises is a criminal offence which could lead to a substantial fine or even imprisonment.
Do Not Remove a Tenant’s Belongings Illegal Eviction Penalties Apply
Holding a tenant’s belongings instead of unpaid rent, or removing them from the property before the tenant has left, is also a criminal offence where you could be heavily penalised. Failing to return a tenant’s possessions could result in prosecution.
Do Not Cut Off Gas, Water or Electricity Utility Disconnection Is Illegal
Switching off the utilities such as gas, water, and electricity is a serious act. As a landlord, you need to fulfil your legal obligations and shutting off a tenant’s water supply could result in criminal action.
What Landlords Must NOT Do: Illegal Eviction and Renters’ Rights
Understanding what rights I have as a renter is important, and the law is clear that landlords must follow the correct legal process when evicting a tenant. Any attempt to bypass the proper renters’ rights eviction process is a criminal offence that can result in serious penalties.
