Evicting a tenant is a legal process that must be carried out carefully to ensure compliance with housing laws. Whether a landlord is dealing with rent arrears, property damage, or simply reclaiming their property at the end of a tenancy, understanding the legal eviction process is essential. In the UK, eviction is primarily handled under Section 8 and Section 21 notice provisions of the Housing Act 1988. This guide breaks down the eviction process step by step.
1. Determining the Reason for Eviction
Before beginning eviction proceedings, a landlord must identify the reason for eviction. The reason will determine the type of notice that needs to be served.
Common Grounds for Eviction Include:
Rent arrears
Breach of tenancy agreement
Anti-social behaviour
Property damage
Desire to sell or move into the property
The legal justification for eviction influences whether a Section 8 or Section 21 notice should be used.
2. Choosing the Correct Notice Type
What is a Section 8 Notice?
A Section 8 notice is used when the tenant has broken the terms of the tenancy agreement. The notice must specify the ground(s) under Schedule 2 of the Housing Act 1988, such as rent arrears, illegal activity, or nuisance.
Grounds for Section 8 Notice:
Ground 8: Mandatory – if the tenant is more than 8 weeks behind on rent
Ground 10: Discretionary – some rent arrears exist
Ground 11: Persistent late payment of rent
The notice period varies based on the grounds and must be stated in the notice itself. The most serious grounds can result in shorter notice periods.
What is a Section 21 Notice?
A Section 21 notice allows a landlord to evict a tenant after the fixed term of the tenancy has ended or during a periodic tenancy. Unlike Section 8, the landlord does not need to give a reason for eviction, but must follow strict procedural rules.
Requirements for a Valid Section 21 Notice:
Tenancy deposit must be protected in a government-approved scheme
The tenant must have received the prescribed information
The property must have a valid Energy Performance Certificate (EPC) and Gas Safety Certificate
The notice must give at least two months’ notice
3. Serving the Notice to the Tenant
Once the appropriate notice (Section 8 or Section 21) has been prepared, it must be served correctly to the tenant.
Valid Methods of Serving Notice:
Hand delivery (with witness or proof)
Recorded delivery
Email (if previously agreed in writing)
Posting through the door with proof
It's essential to retain proof of service in case the matter goes to court.
4. Waiting for the Notice Period to Expire
After the notice has been served, the landlord must wait for the specified notice period to expire. If the tenant vacates voluntarily, no further action is needed.
Notice Periods Recap:
Section 8 notice: Typically 2 weeks to 2 months depending on grounds
Section 21 notice: Minimum of 2 months
If the tenant does not leave by the end of the notice period, the landlord must apply to the court for possession.
5. Applying for a Possession Order
If the tenant fails to vacate the property after the notice expires, the landlord can apply to the court for a possession order.
Types of Possession Orders:
Standard possession order: Used when rent is owed
Accelerated possession order: Used with a valid Section 21 notice when no rent arrears are involved
The court will review the paperwork and may schedule a hearing or issue a possession order directly, depending on the case.
6. Court Hearing (If Required)
A court hearing may be required for Section 8 cases or if the tenant contests the eviction.
What Happens in Court:
The judge reviews the evidence (tenancy agreement, rent statement, notice, proof of service)
Both landlord and tenant present their case
If the judge is satisfied, a possession order is granted
The possession order typically gives the tenant 14 days to leave the property.
7. Applying for a Bailiff Warrant
If the tenant still does not leave after the possession order expires, the landlord must apply for a warrant of possession. This involves requesting county court bailiffs to evict the tenant.
Steps to Involve Bailiffs:
Submit form N325 to the court
Pay the applicable fee
Wait for the bailiff to schedule an eviction date
On the date of eviction, the bailiff will arrive at the property to remove the tenant.
8. Handling Tenant Belongings
After eviction, any belongings left behind by the tenant must be handled according to the Torts (Interference with Goods) Act 1977.
Best Practices:
Store belongings safely
Notify the tenant in writing with a deadline to collect items
Dispose of or sell items only after the deadline passes
Failing to follow this can result in legal consequences for the landlord.
9. Legal Considerations and Documentation
To ensure a smooth eviction, landlords must keep accurate records at every stage:
Important Documents to Retain:
Tenancy agreement
Rent statements
Copies of Section 8 or Section 21 notice
Proof of service
Court correspondence
Evidence of tenant’s behaviour (if applicable)
Following the legal process strictly is essential to avoid the eviction being thrown out by the court.
10. Using an Eviction Specialist
Eviction laws can be complex and time-sensitive. Hiring an eviction specialist can help ensure the correct procedures are followed.
Benefits of Hiring a Professional:
Expertise in Section 8 and Section 21 evictions
Accurate preparation of legal documents
Faster resolution of disputes
Representation in court (if needed)
Eviction specialists are especially useful in complicated cases involving rent arrears, anti-social behaviour, or legal disputes over notice validity.
Conclusion
Evicting a tenant involves a series of structured legal steps. From serving the right notice—Section 8 for breaches of contract, or Section 21 notice for no-fault evictions—to applying for a possession order and bailiff warrant, each step must be executed lawfully and precisely. Failure to do so can delay the process and result in legal setbacks. Whether you’re a seasoned landlord or handling your first eviction, understanding these steps—and seeking professional advice when needed—ensures that the eviction is handled fairly and legally.
