Evicting a Tenant Guide for London Landlords 

While the rental market in areas such as Barking and Dagenham continues to be strong, now could be the right time for you to sell, but you may need to evict your tenants first. Familiarising yourself with the different eviction steps can help speed up the sale and ensure that you comply with the law. 

Evicting a tenant from a rental property will never be pleasant, but you can make the eviction process as painless as possible for everyone concerned by understanding the law around evictions, acting promptly and always maintaining good communications. Of course, it is best to work hard on preventing the need for eviction in the first place, by keeping up regular contact with tenants and carrying out regular property inspections.

The consequences of illegally evicting a tenant include an unlimited fine and a possible prison sentence of up to two years, so it is vital to ensure everything is done to the letter of the law. 

This article provides a step-by-step guide to the eviction process, highlighting your legal responsibilities as a landlord. If you want to know how to evict a tenant and the steps to follow the correct legal process, read on. 

Step 1. Give Notice 

Under the Housing Act 1988, there are two legal routes to evicting a tenant: 

• A Section 8 eviction notice – If your tenant has missed rent payments, damaged the property or otherwise broken their tenancy rental agreement, you can begin eviction proceedings by using Section 8 of the Housing Act 1988. The amount of notice that the landlord must give is determined by the grounds, ranging between 2 weeks and 2 months. 
• A Section 21 eviction notice – Once the initial fixed-term period of a tenancy is over, you can serve a Section 21 notice to ask your tenants to vacate the property by the end of the notice period. You don’t have to provide any reason for claiming possession for assured shorthold tenancies. 

A Section 21 notice is the quickest and simplest way of getting your tenant to leave the property, and this may be more effective even if you have reasonable grounds for ending the tenancy. The Renters’ Rights Bill will abolish Section 21 notices in the future, so you should check the gov.uk website periodically to see when the bill will come into force. 

You can serve both notices simultaneously and start court proceedings based on one or both notices, which can help to speed up the eviction process. 

Serving A Section 21 Notice 

You have the right to serve a Section 21 notice on fixed-term tenancies if the tenancy rental agreement has ended (or a break clause can be triggered), or during a periodic tenancy (where there is no end date). A Section 21 notice informs your tenant that you intend to take possession of the property. 

The notice should be delivered in writing using the appropriate form, and the tenants should be given at least two months’ written notice. 

You cannot serve a Section 21 notice: 

• In the first four months of the tenancy agreement 
• If you haven’t given your tenants copies of the Energy Performance Certificate, Gas Safety Certificate and the government’s How to Rent Guide 
• If you don’t have the appropriate landlord licenses 
• If you haven’t put your tenant’s deposit in one of the approved deposit protection schemes 

Serving A Section 8 Notice 

You can serve a section 8 notice at any point during the tenancy if your tenants have breached the terms of the tenancy agreement, for instance, by failing to pay their rent. The valid grounds for serving a section 8 notice are set out in schedule 2 of the Housing Act 1988. 

To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. The required notice period varies depending on the grounds for possession and vary between 2 weeks and 2 months. These are some of the most common grounds for eviction and the notice required for each: 

• Serious anti-social behaviour/nuisance to neighbours – 2 weeks 
• No right to rent in the UK – 2 weeks 
• Property or furniture damage – 2 weeks 
• Non payment of rent/ serious rent arrears – 2 weeks 
• Owner occupation to live in the property as main residence themselves – 2 months 
• Repossession by lender – 2 months 
• Landlord wants to recover possession to redevelop the property – 2 months 

The average amount of time it takes from serving a Section 8 to claim repossession is 3-6 months. The length can vary depending on the grounds and how the tenant responds to the notice. 

How to evict a tenant without going to court in the UK 

Evicting a tenant through the court system is both expensive and stressful, so it’s advisable to resolve the situation amicably. Contact the tenant living in the property and explain why you want them to vacate it. They may be willing to move out without the need to start court proceedings. 

Provide as much advanced notice as possible so the tenants will have more time to look for other properties without worrying that they will have nowhere to live. Offering an incentive, such as paying moving costs or providing a landlord recommendation letter, can also help reach an amicable agreement for them to move out. 

Step 2. Apply For An Order For Possession 

If your tenants don’t vacate the property by the date specified on the notice, you can apply for an order for possession. 

Standard Possession Order 

If you want to evict your tenant and claim back unpaid rent, you can apply for a standard possession order through the local court. You can fill in the form online and it costs £404 to use the online service. 

There will likely be a court hearing. So, ensure you have collected all the necessary evidence and followed the correct eviction process. Otherwise, the judge could rule against you. If the judge rules in your favour, they can require the tenants to cover your court fees, legal fees and rent arrears. 

Typical Timescales for Possession Claim Process 

1. Landlord makes possession claim (once notice period ends). 
2. Court hearing (around 8 weeks after claim). 
3. If possession order is granted, tenant is given 14 days after the order to leave (or longer if a judge decides there is a case of exceptional hardship). 
4. Apply for warrant of possession from county court bailiffs (usually takes 4-8 weeks). 

Accelerated Possession Order 

You can apply for an accelerated possession order if you are not claiming any unpaid rent. This is quicker as there is usually no court hearing. You must complete form N5B and send it to the nearest court that deals with housing possession. It costs £404. 

The court will send the tenant a copy of the application, giving them 14 days to object to the eviction case. If your request is upheld, you will be given an order of possession, and the tenants must pay your fees. 

Step 3. Apply For A Warrant For Possession 

If the tenant fails to vacate after the order for possession has expired, you must apply to the court for a warrant for possession. You can use the form N325 on the gov.uk website or use the Possession Claim Online service if this was the process used to issue the original order for possession. 

This costs £148, and it means a court bailiff can evict your tenants once granted. It generally takes around 4-8 weeks for the warrant for possession to be actioned but it depends on the backlog of your local courts. In London, a shortage of County Court Bailiffs has caused a major backlog, with some cases taking 9 to 11 months. 

It is possible to transfer the warrant from the county court to the High Court to speed up the eviction, but this costs a further £123. 

How Long Does It Take To Evict Tenants? 

If the proper eviction process is followed, evicting a tenant is relatively quick and straightforward. In our experience, most tenants vacate the property after receiving notice (step 1). If you are serving a Section 21 notice, you are required to give two months’ notice. For Section 8 notices, the notice period depends on the grounds of eviction. If it’s rent arrears, the most common reason for eviction, the notice period is 14 days. 

An order for possession (step 2) is only required if tenants ignore the eviction notice. Expect it to take 6-8 weeks for a judge to grant a possession order. The order will give tenants 14 days to comply. 

If your tenants ignore the possession order, you’ll progress to step 3, applying for a warrant for possession. This can take between 5 and 10 weeks. 

Notice To Quit 

Legally, the set amount of time for giving notice to tenants to vacate the property is: 

• At least 2 months if serving a Section 21 notice 
• 14 days if serving a Section 8 notice 

How Much Does It Cost To Evict A Tenant UK? 

Unfortunately, legal expenses to evict your tenant can sometimes run into the thousands. Evicting a tenant in the UK costs, on average, £1,000 to £3,000. However, the total costs of the eviction process will vary depending on the circumstances. If you decide to hire a solicitor, there will be legal fees for their service. 

Court fees will be cheaper going through County Courts than the High Court. Applying to the court for a standard possession order costs £404, while an accelerated possession order (if you are not claiming for rent arrears) costs £404. 

If the tenant does not vacate after the possession court order, the next step is to apply for a warrant for possession, costing £148. In addition, you may need to employ a bailiff to evict the tenant. 

Ensure The Tenant Eviction Is Legal 

It is essential that landlords have followed all the correct legal procedures both during the tenancy and when following eviction proceedings. For example, if the landlord has failed to transfer the tenant’s deposit into an approved tenancy deposit scheme, an eviction will be invalid.  

If there have been any other breaches such as not providing an EPC, Gas safety certificate or How to Rent guide, or the landlord does not have the correct licence, they will not be able to serve a valid eviction notice. 

Every step of the eviction process must have been to the letter of the law too. This means the correct notice period, court forms and timelines must be followed. Harassing the tenant, changing the locks or turning off utilities are illegal and can lead to prosecution of the landlord. 

Eviction Changes Under The Renters Rights Bill 

The government has outlined plans to abolish Section 21 notices and introduce a new, simpler tenancy system under the Renters’ Rights Bill, eventually bringing significant changes to the tenant eviction process. Removing Section 21 will mean landlords must always provide valid grounds for terminating a tenancy. For example, if they want to sell the property or there has been a contract breach. 

Under the new legislation, the government is also proposing new Section 8 grounds to allow landlords to recover their properties if they want to sell them or move in. There has been a delay in the parliamentary process, and the expected date for it to be passed into law is late 2025 or early 2026. Also remember, you cannot take any actions outside of the legal framework for eviction – like changing the locks because the tenant is in arrears, or forcibly removing the tenant.

Protect Yourself With A Guaranteed Rent Scheme 

Many landlords opt into a guaranteed rent scheme for complete peace of mind. Under these schemes, their property is leased to a property management company for between 1 and 5 years. The property is fully managed during this time, and the landlord is paid rent (whether the property is occupied or not). Any eviction actions are undertaken by the property management company with all legal expenses, eviction costs and rent arrears covered. 

Find out more about Sandra Davidson’s rent guaranteed scheme or get in touch with our property management team for a free rental valuation in London areas including Stratford, Enfield and Harold Hill.