Eviction of Tenants

Obtaining an Eviction

A landlord cannot simply require a residential tenant to leave, change the locks or remove the tenant’s belongings. The correct notice and court procedure must normally be followed before possession of a rented property can be recovered.

The following information principally concerns private residential tenancies in England. Different rules apply in Wales, Scotland and Northern Ireland, while separate procedures may apply to social housing, lodgers, licences and holiday accommodation.

Section 21 No-Fault Evictions

Since 1 May 2026, private landlords in England can no longer serve a new section 21 “no-fault” eviction notice. Most assured shorthold tenancies have become assured periodic tenancies.

A landlord who wants to recover possession must normally rely on an applicable statutory possession ground, serve the correct notice and obtain a possession order if the tenant does not leave.

Transitional rules may apply where a valid section 21 notice was served before 1 May 2026. Strict deadlines apply, and landlords relying on an earlier notice should obtain legal advice.

Grounds for Possession

A landlord may be able to seek possession where, for example:

• The tenant has substantial rent arrears;


• The tenant has repeatedly paid the rent late;


• The tenant, a household member or visitor has engaged in antisocial behaviour;


• The tenant has seriously damaged or neglected the property;


• The tenancy was obtained using false information;


• The landlord genuinely intends to sell the property;


• The landlord or a qualifying family member genuinely intends to live in the property; or


• Another statutory possession ground applies.

Some possession grounds are mandatory. This means that the court must normally grant possession where the legal requirements are proved. Other grounds are discretionary, meaning that the court must also decide whether making a possession order is reasonable.

Selling the Property or Moving In

Possession grounds are available where a landlord genuinely intends to sell the property or where the landlord or an eligible family member intends to occupy it.

These grounds cannot normally be used during the first 12 months of a tenancy. Restrictions also apply to remarketing or reletting a property after possession has been obtained using one of these grounds.

A landlord who falsely claims that the property is to be sold or occupied may face enforcement action, financial penalties and a possible compensation claim.

Serving Notice on the Tenant

The landlord must normally serve a section 8 notice identifying the possession ground or grounds being relied upon.

The notice must:

• Use the correct prescribed form;


• Identify the correct tenant and property;


• State the possession ground accurately;


• Give the required notice period; and


• Be served in accordance with the tenancy agreement and applicable law.

The notice period varies according to the possession ground and the circumstances. A mistake in the form, dates, grounds or method of service may invalidate the notice.

Applying to Court

If the tenant does not leave when the notice expires, the landlord must usually apply to the county court for a possession order.

The tenant may defend the claim by disputing the possession ground, challenging the validity of the notice or raising issues such as disrepair, discrimination, deposit protection or unlawful landlord conduct.

The court may:

• Make an outright possession order;


• Postpone possession;


• Make a suspended possession order;


• Adjourn the proceedings;


• Dismiss the claim; or


• Make an order concerning rent arrears and legal costs.

Enforcing the Possession Order

A possession order does not normally allow the landlord personally to remove the tenant.

If the tenant remains after the date stated in the order, the landlord will generally need to obtain a warrant of possession. A county court bailiff can then attend the property and carry out the eviction.

Some cases may be transferred to the High Court for enforcement, although additional permission and notice requirements may apply.

Illegal Eviction and Harassment

A landlord must not try to force a residential tenant to leave without following the legal process. Conduct that may amount to unlawful eviction or harassment includes:

• Changing the locks;


• Removing doors, windows or essential facilities;


• Disconnecting gas, electricity or water;


• Threatening or intimidating the tenant;


• Repeatedly entering without proper reason or notice;


• Removing the tenant’s possessions; or


• Interfering with the tenant’s occupation in an attempt to make them leave.

Illegal eviction may be both a criminal offence and a civil wrong. A tenant may seek an urgent injunction, compensation and assistance from the local authority.

Getting Legal Advice

Possession proceedings are technical. An incorrect notice or failure to comply with the procedure can delay recovery of the property and may expose the landlord to a defence or counterclaim.

A landlord and tenant solicitor can examine the tenancy, identify the correct possession ground, prepare the notice and deal with court proceedings.

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. You should seek advice from a suitably qualified solicitor about your individual circumstances.