Property Evictions in the UK: Legal Guidance for Landlords

Evicting a tenant is a serious step that must be handled with care, precision, and full legal compliance. Whether the tenancy has broken down due to arrears, antisocial behaviour, or the landlord simply wishes to regain possession of their property, navigating the eviction process in England and Wales requires adherence to strict statutory procedures.

Improperly served notices or procedural missteps can lead to significant delays, dismissed claims, or even financial penalties. At Connaughts, our specialist property litigation team assists landlords at every stage of the eviction process—from notice drafting to possession hearings—ensuring both compliance and efficiency.

Types of Tenancy and Grounds for Eviction

Understanding the type of tenancy is critical to choosing the correct legal route for eviction. The vast majority of private residential tenancies in England and Wales are Assured Shorthold Tenancies (ASTs).

Landlords may seek possession using:

Section 21: No-Fault Eviction

A Section 21 notice is used when the landlord wishes to regain possession without alleging fault by the tenant. It can only be served at the end of the fixed term or during a periodic tenancy, and must provide at least two months’ notice.

However, strict conditions apply:

The tenancy deposit must be protected in an approved scheme
A valid Gas Safety Certificate, EPC, and How to Rent guide must have been provided
Section 21 cannot be used during the first four months of a tenancy

Key advantage: Possession is usually granted automatically (if properly served), with no need to prove wrongdoing.

Section 8: Fault-Based Eviction

A Section 8 notice is used where the tenant has breached the tenancy agreement. It allows the landlord to seek possession on one or more of the 17 statutory grounds, including:

Ground 8: Rent arrears of at least two months
Ground 10: Some rent arrears (discretionary)
Ground 11: Persistent late payment of rent
Ground 12: Breach of tenancy conditions (e.g., damage to property, subletting)
Ground 14: Antisocial behaviour or criminal activity

The notice period depends on the ground(s) used, and the court has discretion to dismiss the claim if not satisfied with the evidence.

The Eviction Process: Step-by-Step

1. Serve the Correct Notice

The process begins with serving a valid notice—either Section 21 or Section 8—depending on the circumstances. This notice must be in writing, correctly formatted, and served in accordance with the tenancy agreement (e.g., by post, hand delivery, or email if allowed).

2. Issue Possession Proceedings

If the tenant does not vacate after the notice expires, the landlord must apply to the County Court for a possession order. There are two types of possession claims:

Accelerated Possession (Section 21 only) – usually quicker, does not require a hearing if uncontested
Standard Possession – required for Section 8 or where rent arrears and damages are claimed

3. Possession Hearing and Order

In Section 8 cases, a court hearing will be scheduled. The judge will assess the landlord’s evidence and the tenant’s defence (if any). If successful, the judge may grant:

An outright possession order (typically requiring the tenant to leave within 14 days)
A suspended order (where the tenant may remain if they meet conditions, such as paying arrears)
A money judgment for unpaid rent

4. Enforcement by Bailiffs

If the tenant still refuses to vacate, the landlord must apply for a warrant of possession. Court bailiffs or High Court Enforcement Officers will then be authorised to evict the tenant.

How Connaughts Can Help

Evictions are complex and emotionally charged. At Connaughts, we provide landlords with clear, practical legal advice that protects their interests while respecting due process.

Our eviction services include:

Tenancy agreement review to assess available legal routes
Drafting and serving compliant notices (Section 21 or Section 8)
Pre-action advice to reduce risks of counterclaims or disrepair arguments
Court representation for possession proceedings and defence challenges
Rent arrears recovery through money judgments and enforcement options
Urgent injunctions in cases of criminal activity or serious antisocial behaviour

Our aim is to minimise delay, cost, and uncertainty, helping landlords achieve swift, lawful possession of their property.

Common Pitfalls in Eviction Cases

Evictions can easily become derailed due to minor errors. Common mistakes include:

Serving notices with incorrect dates
Failing to comply with deposit protection requirements
Using outdated notice templates or incorrect grounds
Proceeding without resolving Housing Health and Safety Rating System (HHSRS) issues raised by tenants
Retaliatory eviction risks following complaints about repairs

Even well-meaning landlords can fall into these traps. Our team helps you avoid procedural missteps that could result in dismissal or delay.

Court Delays and COVID-19 Impacts

The UK eviction landscape has changed in recent years due to backlogs in the court system and policy changes during the COVID-19 pandemic. While notice periods have returned to pre-pandemic levels, delays in possession hearings and bailiff appointments remain a concern in many jurisdictions.

Landlords should plan ahead and seek early legal intervention where possible.

Respecting Tenants’ Rights and Avoiding Harassment

Evictions must never be carried out through intimidation, lock changes, or unlawful entry. Illegal eviction is a criminal offence, and landlords found guilty can face:

Unlimited fines
Criminal prosecution
Civil compensation claims

We advise landlords on maintaining professionalism and legal compliance at all times, even when facing difficult or abusive tenants.

Eviction and Anti-Social Behaviour

Dealing with antisocial tenants—those engaging in harassment, noise nuisance, drug use, or violence—requires a different level of urgency. We work with landlords, letting agents, and housing associations to build robust cases under Ground 14 or to pursue injunctions where safety is at risk.

Our approach ensures your case is well-evidenced, legally sound, and positioned for swift action through the courts.

Speak to Our Landlord & Eviction Specialists

If you are facing issues with a tenant and are considering eviction, don’t act in haste. Seek legal advice early to reduce risk and ensure a lawful, cost-effective outcome.

📞 Call 0203 909 8399 or email enquiries@connaughtlaw.com
Alternatively, submit an enquiry and our team will contact you shortly.