Landlords must follow strict legal procedures when evicting tenants. Failure to comply with these requirements can result in severe consequences, including financial penalties and, in some cases, criminal sanctions.
This guide outlines the key steps landlords should understand before issuing an eviction notice and explains how working with eviction specialists can help you avoid costly mistakes and progress the process lawfully.
Evictions must be valid
Evictions must be legally valid and correctly served in accordance with the relevant legislation. For landlords seeking possession under a Section 21 notice – commonly referred to as a ‘no-fault’ eviction – this is only available in the context of an assured shorthold tenancy (AST) once the fixed term has ended. If the tenancy has become periodic, meaning it continues on a rolling basis without a fixed end date under a written contract, a Section 21 notice can still be issued, but only if all legal conditions are met, including the proper service of required documents such as a valid gas safety certificate and the How to Rent guide.
Alternatively, a Section 8 notice may be used where there is a specific breach of the tenancy agreement. This includes, but is not limited to, serious rent arrears, damage to the property, or persistent anti-social behaviour by the tenant or their visitors. Each ground for possession under Section 8 has its own evidential and notice period requirements. Where multiple grounds apply, they may be cited together to support a stronger claim for possession.
Eviction notices must be comprehensive
Eviction notices must be comprehensive and accurately completed. They should include the tenant’s full name, the address of the rental property, the reason for eviction (if applicable), your contact details, the type of notice being served, and the date by which the tenant is required to leave the property. For Section 21 notices, this is typically two months from the date of service. For Section 8 notices, the notice period can range from two weeks to two months, depending on the grounds relied upon. The notice must also be signed and dated by the landlord or their authorised agent.
It is advisable to send the notice by recorded delivery to provide proof of service and to retain a copy for your records.
The deposit must be protected in an approved scheme
The deposit must be protected in a government-approved tenancy deposit scheme, such as MyDeposits, the Tenancy Deposit Scheme, or the Deposit Protection Service. This protection must be in place within 30 calendar days of receiving the deposit. In addition, you are legally required to provide the tenant with the prescribed information, which includes details of the scheme used, how the deposit is protected, and the process for returning it at the end of the tenancy.
Failing to meet these obligations can have serious consequences. If the deposit is not protected correctly or the prescribed information is not served within the required timeframe, any Section 21 notice you issue may be deemed invalid by the court. Furthermore, the tenant may pursue a claim for compensation of up to three times the amount of the deposit for each instance of non-compliance. This applies even if the tenancy has ended or the deposit has been returned.
If the tenant ignores the eviction notice
If the tenant ignores the eviction notice and does not leave the property by the date specified, you will need to apply to the court for a possession order. This is a formal request asking the court to authorise the repossession of your property. The application must be supported by appropriate evidence, which will vary depending on the type of notice served. For example, if the eviction is due to rent arrears, a full rent schedule should be provided. If the grounds relate to anti-social behaviour or another breach of the tenancy agreement, you will need to include witness statements, complaints, or any other relevant documentation.
Once the application has been submitted, the court will arrange a possession hearing. During the hearing, the judge will assess whether your notice is legally valid and whether you have followed the correct procedure. If satisfied, the court will issue a possession order setting out a date by which the tenant must vacate the property.
If the tenant fails to leave by the date specified in the possession order, you can then apply for a warrant of possession. This will allow the court to instruct county court bailiffs to carry out the eviction and formally remove the tenant from the property.
You should never remove the tenant or their belongings yourself
You should never attempt to remove the tenant or their belongings yourself. Only authorised court bailiffs are permitted to carry out an eviction once a warrant of possession has been granted. Taking matters into your own hands – including changing the locks or physically removing a tenant – could amount to unlawful eviction, which may result in legal action against you and potential financial penalties.
Bailiffs will attend the property on the date set by the court. You may be present during the eviction or arrange for a representative, such as a managing agent or locksmith, to attend on your behalf. Once the tenant has left, the property can be secured and the locks changed.
Eviction specialists can help
Eviction specialists can assist landlords in managing the process correctly and lawfully. The eviction process involves strict legal requirements, and failure to comply can lead to delays, invalid notices, or even claims for compensation. Engaging professionals with expertise in landlord and tenant law can help you avoid procedural errors and reduce the stress of dealing with difficult tenancies.
By following the guidance outlined above, landlords can protect their position, minimise risk, and progress the eviction in a structured and legally compliant manner.
