Eviction process - key steps
Seeking possession of a property must always be carried out lawfully, fairly and in the correct order. Landlords should follow the legal process carefully and avoid taking any action that could be considered harassment or unlawful eviction.
Step 1: Serve the correct notice
Under the Renters' Rights Act, landlords must rely on one or more legal grounds for possession and serve the appropriate notice to their tenant.
Common grounds include:
- rent arrears or persistent late payment of rent
- anti-social behaviour
- breach of the tenancy agreement
- damage to the property
- where the landlord intends to sell the property
- where the landlord or a close family member intends to move into the property
Different grounds require different notice periods and evidence. Landlords should ensure they understand the relevant requirements before serving notice.
You can find government guidance on possession grounds and notices on the GOV.UK website.
Step 2: Wait for the notice period to expire
Once notice has been served, landlords must wait until the notice period has expired before taking any further action.
During this period, tenants may:
- make arrangements to move to alternative accommodation
- seek independent housing advice
- approach the council for homelessness assistance
- apply for social housing, where eligible
It is important to understand that applying for social housing or homelessness assistance does not result in an immediate move into a council or housing association property. Demand for social housing significantly exceeds supply and waiting times can be lengthy.
The council cannot require a tenant to leave a property simply because a notice has been served.
Supporting your tenant
Where possible, we encourage landlords to maintain communication with their tenant throughout the process.
You can help by:
- providing copies of any notices you have served
- discussing realistic timescales
- providing references where appropriate
- signposting tenants to support services
Early communication can often reduce stress and uncertainty for everyone involved.
Step 3: Apply to the court for possession
If a tenant remains in the property after the notice period has expired, a landlord may apply to the court for a possession order.
The court will consider the application and any evidence provided before deciding whether possession should be granted.
If the court grants possession, it will set out when the tenant is expected to leave.
Step 4: Enforcement by bailiffs
If a tenant remains in the property after a possession order has taken effect, a landlord may apply for a warrant of possession.
Only court-appointed enforcement agents or bailiffs can legally remove a tenant from a property.
Unlawful eviction
Until the legal process has been completed, tenants have a right to remain in their home.
Landlords must not:
- change locks
- remove a tenant's belongings
- disconnect utilities
- enter the property without proper notice (except in emergencies)
- harass or intimidate a tenant into leaving
Attempting to force a tenant to leave without following the legal process may amount to an unlawful eviction, which can be a criminal offence.
Frequently asked questions
Can the council make a tenant leave?
No. The council has no power to require a tenant to leave a property. A tenant can only be required to leave through the legal possession process and, if necessary, enforcement by court-appointed bailiffs - find out more.
Will the council rehouse my tenant immediately?
In most cases, no. Social housing is in very high demand and there are often significant waiting times. Even where a household is eligible for assistance, finding suitable accommodation can take time - find out more.
What should I do if my tenant approaches the council?
Continue to follow the legal possession process and maintain communication with your tenant where possible. The council will assess their circumstances and provide advice and assistance in accordance with its legal duties, but we cannot guarantee alternative accommodation will be immediately available - find out more.
What can I do to help my tenant move on?
Where appropriate, maintaining communication, providing references and allowing reasonable time for arrangements to be made can help achieve a smoother outcome for both landlord and tenant.
Please remember: Serving notice does not end a tenancy on its own. A tenant does not have to leave simply because a notice has been served. If possession is required and the tenant remains in the property, the matter must be resolved through the courts and, where necessary, enforcement by court-appointed bailiffs.
