As a landlord, evicting a tenant can be a daunting, stressful and often upsetting prospect. In this blog post, we’ve answered a few questions to explain how evictions work, what you need to know and how you can avoid it altogether.
- What is a tenant eviction?
- When does tenant eviction happen?
- What is a tenant eviction notice?
- When is a notice invalid?
- What happens if my tenant ignores my eviction notice?
- What is a possession order?
- What happens if my tenant refuses to leave?
- How can I avoid evicting my tenant?
What is a tenant eviction?
To put it simply – eviction is when a landlord retakes possession of their property from their tenant.
When does tenant eviction happen?
Most tenants can only be evicted in specific circumstances. Landlords must follow the correct legal procedures and issue the correct notices before a tenant can be evicted. At this point, simply talking to your tenant about their situation may help resolve your issues and prevent unnecessary animosity between both parties.
The landlord has to give reasons why the tenant should be evicted; these may include showing that the tenancy agreement has ended, there is unpaid rent or that the tenant’s behaviour is unacceptable.
The notice period depends on the ground you are relying on. Serious rent arrears and antisocial behaviour carry shorter notice, while grounds such as selling the property or moving in yourself require longer. Since 1 May 2026 there are no fixed-term assured shorthold tenancies in England; new tenancies are periodic (rolling) from the start.
If rent is owed to the landlord, it is likely that the eviction can be carried out regardless of the type of tenancy. When it comes to rent arrears, the landlord must still follow legal procedures before eviction: the first part being issuing an eviction notice.
What is a tenant eviction notice?
The rules changed on 1 May 2026. Under the Renters’ Rights Act 2025, Section 21 “no-fault” evictions have been abolished in England, so a landlord can no longer end a tenancy without a reason. The only route to possession is now a Section 8 notice that relies on one or more legal grounds for possession.
A Section 8 notice must set out the ground (or grounds) you are relying on, for example rent arrears, antisocial behaviour, or that you intend to sell or move into the property. Grounds are either mandatory (the judge must grant possession if the ground is proven) or discretionary (the court decides whether it is reasonable). You must use the correct form (Form 3A) and give the right notice period for the ground used. The grounds for selling or moving in (grounds 1 and 1A) cannot take effect until the tenant has lived in the property for at least 12 months.
You will need clear evidence to prove your ground in court, such as a rent statement showing the arrears or documents showing you intend to sell. If the tenant does not leave by the date in the notice, you apply to the court for a possession order.
class=”cta”Find out more about the Section 8 possession process and how the Renters’ Rights Act 2025 changed evictions.
Invalid tenant eviction notices
Many eviction notices served by landlords are invalid and would not hold up in court. To save costs, many landlords choose to serve their own notices – however, the mistakes they make along the way only end up increasing the costs and the court time. The main reasons that notices are invalidated are:
- Incorrect expiry dates
- Failure to comply with deposit legislation
- Inaccurate accompanying rent arrears schedules
- The method of how the notice is served
- Typing errors
Need to issue an eviction notice to your tenant? Eviction support and legal advice are available as part of our Guaranteed Rent plans.
What happens if my tenant ignores my eviction notice?
If your tenant does not leave by the date specified in the notice, you can apply to the court for a possession order. The old accelerated (no-hearing) procedure was tied to Section 21, so possession claims now generally require the court to consider the ground you have relied on. Where you are claiming only rent arrears, you may be able to use the Possession Claim Online service.
What is a possession order?
During the proceedings of a possession order, the court provides the opportunity for both parties to argue their case. It’s often possible for the tenant to negotiate and ask the judge for time to pay off arrears in instalments or make assurances to cease their bad behaviour – avoiding eviction.
If the court gives the landlord a possession order, the tenant’s legal right to live in the property is ended and eviction can be carried out.
If the court delays making an order or decides not to make an order at all, this could be because a landlord has not followed the proper legal process. With some types of tenancy, if the court thinks that eviction is unreasonable, they can suspend it, otherwise known as a suspended possession order. This might occur if the tenant has made assurances, such as agreeing a payment plan to settle their arrears or promising to stop unreasonable behaviour.
If the order is granted, it gives a short time before the accommodation must be vacated usually between 14 and 28 days.
What happens if my tenant refuses to leave?
If your tenant doesn’t leave – even after a possession order has been issued – you can apply for a warrant of possession. This means court bailiffs will evict your tenant by removing them from the property.
How can I avoid evicting my tenant?
As a landlord, there are several preventative measures that you can take in order to minimise the chances going down the route of eviction – and many of them begin before the tenancy has started.
Tenant referencing – Without the background knowledge of the tenant, landlords are opening themselves up to a greater risk of default on the rent payments leading to tenant eviction. By conducting a full reference check, you’ll have a peace of mind knowing your tenant can afford their rent and has a stable source of income.
Secure your deposit – It is now the law for all landlords to protect their tenant’s deposit in a government approved deposit protection scheme. By doing so, your finances are protected and you are prepared for any future disputes.
Insuring your rent – It’s always wise to protect your rent in case your tenant finds themselves in a situation where they are unable to pay. For just £89 a month (inc VAT) you can ensure your rent is paid on time, every time. Find out more about the full benefits of our Rent on Time plan here.
We’ll help you with eviction
At LettingaProperty.com, we offer tenant eviction support as part of our Guaranteed Rent letting plan.
