Eviction process - key steps
Evicting a tenant must be done legally and calmly, and always in the correct order.
Give the correct notice
A landlord must start with the right legal notice which must be issued on a prescribed form - download the forms.
Landlords can issue two types of notices:
Section 21 (no-fault)
For when a landlord wants a tenancy to end so they can have the property back. The landlord must give at least 2 months’ written notice.
Please note a landlord cannot use a Section 21 notice if:
- it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract that allows for this.
- the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council.
- the tenancy started after April 2007 and the tenants’ deposit was not placed in a deposit protection scheme.
- the council has served an improvement notice on the property in the last 6 months.
- the council has served a notice in the last 6 months that says it will do emergency works on the property.
- the landlord has not repaid any unlawful fees or deposits charged to the tenant - read the guidance for landlords on the Tenant Fees Act 2019.
Landlords also cannot use a Section 21 notice if they haven't given the tenant copies of:
- the property’s energy performance certificate.
- the government’s how to rent guide.
- a current gas safety certificate for the property, if gas is installed.
Section 8 (fault-based)
For when a tenant has done something (such as not paid rent or damaged the property) that breaks the terms of their tenancy.
The notice period is usually 2 weeks to 2 months, depending on the problem.
About the notice period
After a landlord serves the notice on the prescribed forms they must wait until the notice period is over before taking any further action.
During the notice period, a tenant should look for a new home, which could be looking for private rent (if they can afford it) or applying as homeless and registering for the housing register.
A landlord cannot force a tenant to take steps to find a new home during this period.
It is worth noting that the council housing register has a waiting list, so it is unlikely that a tenant will find a new home through the register during the notice period - find out more.
Landlords can support tenants during the notice period by providing:
- A copy of the Section 21 or Section 8 notice
- Copies of related correspondence
We will ask to see these when a tenant registers as potentially homeless.
What happens at the end of the notice period
When the notice period is up, if a tenant has found a new home and they leave on their own accord, the property returns to the landlord.
If a tenant hasn’t found a new home, they may be unable to leave. If they cannot leave at this point, it is important that the landlord is respectful of the situation their tenant is in.
Landlords must be careful not to pressure tenants to leave at this time, they must not enter the property without notice, must not change locks and must not remove tenant belongings – doing so is illegal.
if the tenant has registered as homeless, the council will be working to help the tenant find a new home as quickly as possible, but it is unlikely that this will be within the notice period as there is a social housing waiting list - find out more.
It is important to note that the council cannot make a tenant leave, regardless of whether a landlord wants a property back, and a landlord cannot legally force a tenant to leave at this point. Doing so may be considered a criminal offence.
Apply to the court for a possession order
If a tenant does not leave at the end of the notice period, the next step a landlord can take is to apply to the courts for a possession order which can take between 4 – 10 weeks (or longer) depending on how busy the local courts are. There are two types of possession order:
- Accelerated possession order (mainly Section 21) when a tenant isn’t contesting the eviction.
- Standard possession order (mainly Section 8) when a tenant has broken the terms of their tenancy agreement.
If the landlord is granted a possession order, it will state a date by which the tenant must leave.
If the tenant has nowhere to go and still doesn’t leave by the date given by the judge, again it is important that the landlord must not force the tenant to leave at this time, they must not enter the property without notice, must not change locks and must not remove tenant belongings – doing so is illegal and could be considered a criminal offence.
Apply to the court for bailiff warrant
The next step that a landlord can take is to apply to the court for a warrant of possession. If this is granted, the court will the instruct bailiffs to attend the property.
Only bailiffs can legally remove a tenant on the date given by the court.
Frequently asked questions
Can the council make a tenant leave?
No, a council does not have powers to make a tenant leave and a tenant has a legal right to occupy a property until a bailiff is instructed by the courts.
What can I do to help my tenant leave?
Be supportive, encourage them to find new accommodation, keep channels of communication open and provide a reference for any new property.
