Eviction of Tenants

Evicting a tenant is a formal legal process. A landlord cannot simply change the locks, remove belongings, cut off services or force a tenant to leave without following the correct procedure.

The rules depend on the type of tenancy, the date the notice was served, the reason for possession, and whether the property is in England, Wales, Scotland, or Northern Ireland. This guide focuses on private rented property in England.

Section 21 Has Been Abolished in England

From 1 May 2026, landlords in England can no longer use section 21 "no fault" notices for existing or new private tenancies. This means landlords must usually rely on a valid legal ground for possession.

Where a valid section 21 notice was served before 1 May 2026, transitional rules may apply, but landlords must check the deadlines carefully. GOV.UK says section 21 possession claims based on pre-1 May 2026 notices must meet the transitional requirements and may be time-limited.

Section 8 Notices

For most private rented tenancies in England, a landlord seeking possession must now serve a section 8 notice relying on one or more legal grounds for possession.

The grounds may include rent arrears, anti-social behaviour, breach of tenancy, the landlord or a close family member needing to live in the property, sale of the property, redevelopment, or other statutory grounds. The notice period depends on the ground being used.

Rent Arrears

Rent arrears are one of the most common reasons for possession action. Grounds 8, 10 and 11 may be relevant where rent is unpaid, persistently late or seriously in arrears.

Shelter states that from 1 May 2026, landlords relying on rent arrears grounds must give at least four weeks' notice. The exact position depends on the ground and circumstances.

Notice Is Only the First Step

A notice does not normally end the tenancy by itself. If the tenant does not leave by the date in the notice, the landlord must apply to court for a possession order.

If the tenant still does not leave after the possession order takes effect, the landlord must apply for a warrant or writ of possession. Only authorised bailiffs or enforcement officers can carry out the eviction.

The Main Stages of Eviction

The usual process is to serve the correct notice, wait for the notice period to expire, issue a possession claim at court, obtain a possession order, and then apply for bailiffs or enforcement officers if the tenant does not leave.

Skipping steps can make the eviction unlawful and may expose the landlord to claims for illegal eviction, harassment, damages, rent repayment orders or criminal investigation.

Standard Possession Claims

A standard possession claim is used where the landlord asks the court to make a possession order. It may involve a court hearing, especially where the tenant disputes the claim, raises a defence, or the ground is discretionary.

The court will consider whether the notice is valid, whether the ground is proved, and whether it is reasonable to make a possession order where the ground is discretionary.

Accelerated Possession Claims

Accelerated possession was historically used for many section 21 claims where the landlord was not claiming rent arrears. Because section 21 has been abolished for notices served from 1 May 2026, accelerated possession is now mainly relevant only to transitional cases based on valid pre-1 May 2026 notices.

GOV.UK says accelerated possession may still be available where a valid section 21 notice was given before 1 May 2026, the tenant has not left, there are no rent arrears being claimed, and the landlord applies by the relevant deadline.

Possession Orders

If the court grants possession, it will make a possession order. The order will state when the tenant must leave.

In some cases, the court may make an outright possession order. In others, particularly where arrears can be repaid, or the ground is discretionary, the court may make a suspended or postponed possession order on terms.

Bailiffs and Eviction

If the tenant does not leave by the date in the possession order, the landlord cannot personally remove them. The landlord must apply for a warrant of possession or, in some cases, transfer enforcement to the High Court.

GOV.UK states that if the court grants a warrant, the tenant will be sent an eviction notice with the date and time of the eviction. Court bailiffs or authorised enforcement officers then carry out the eviction if the tenant has not left.

Tenants Do Not Have to Leave When Notice Expires

A tenant does not normally have to leave simply because a landlord has served a notice. If the tenant remains, the landlord must obtain a court order and, if necessary, use bailiffs or enforcement officers.

Tenants should take advice as soon as they receive a notice. There may be errors in the notice, a defence to the claim, rent arrears options, homelessness assistance, or grounds to ask the court for more time.

Excluded Tenancies and Lodgers

Different rules apply where the occupier lives in the same property as the landlord and shares living accommodation. This is often referred to as an excluded tenancy or licence.

GOV.UK says a landlord does not have to go to court to evict an excluded tenant or licensee. The landlord must give reasonable notice, which need not be in writing. What is reasonable depends on the circumstances.

Illegal Eviction and Harassment

Illegal eviction can include changing locks without a court order, removing a tenant's belongings, forcing entry, threatening the tenant, cutting off gas, electricity or water, or pressuring the tenant to leave unlawfully.

Harassment by a landlord or agent can also be unlawful. Tenants who are threatened with illegal eviction should contact the council's tenancy relations officer, Shelter, Citizens Advice, a housing solicitor or the police in an emergency.

Tenant Belongings

If belongings are left behind after a lawful eviction, the landlord should not simply dispose of them without considering the correct legal process. Written notice and reasonable storage arrangements may be needed.

Landlords should take advice before removing, selling or disposing of a tenant's possessions, particularly where valuable or personal items are involved.

Deposits, Gas Safety and Other Compliance

Before starting a possession action, landlords should check whether they have complied with tenancy deposit protection rules, gas safety requirements, electrical safety rules, licensing duties, right-to-rent checks, prescribed information, and any other legal obligations.

Some compliance failures can affect possession claims, create financial penalties, or give tenants separate claims.

Disrepair and Counterclaims

If a tenant has reported serious disrepair, damp, mould, unsafe conditions or failure to repair, this may affect the dispute. Tenants may raise disrepair as a defence or counterclaim in some possession cases.

Landlords should keep records of repairs, inspections, communications and contractor visits. Tenants should keep evidence of reports, photographs, medical evidence and correspondence.

Homelessness Help for Tenants

Tenants facing eviction should contact their local council as soon as possible. The council may have duties to help prevent homelessness or provide assistance depending on the tenant's circumstances.

It is usually better to seek help when the notice is received rather than waiting until the bailiff stage.

Wales, Scotland and Northern Ireland

Different rules apply outside England. Wales has occupation contracts under the Renting Homes regime. Scotland and Northern Ireland have their own private rented sector rules and eviction procedures.

Landlords and tenants should check the rules for the country where the property is located before relying on any notice or court process.

Useful Support

Shelter, Citizens Advice and National Debtline provide guidance for tenants dealing with eviction, rent arrears and debt. National Debtline can be contacted on 0808 808 4000.

Landlords may obtain guidance from landlord associations, managing agents and solicitors specialising in landlord and tenant law.

When Legal Advice May Be Needed

Legal advice may be needed when a landlord wants to recover possession, rent arrears are disputed, the tenant raises a disrepair issue, the notice may be defective, the property needs a licence, the tenant refuses to leave, or there is a risk of unlawful eviction.

Tenants should seek urgent advice if they receive a notice, court papers, a possession order, or a bailiff appointment, or if the landlord threatens to change the locks or remove belongings.

Current Position

In England, section 21 no-fault eviction has been abolished for notices served on or after 1 May 2026. Landlords usually need to rely on a valid Section 8 ground, serve the correct notice, obtain a possession order and use bailiffs or enforcement officers if the tenant does not leave.

Both landlords and tenants should act carefully. Possession law is technical; deadlines matter, and mistakes can cause delays, extra costs, or unlawful eviction claims.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal, housing, or debt advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor, housing adviser or debt adviser. Housing law, eviction rules and court procedure can change, and how the law applies will depend on the facts of each case.

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