Understanding the Eviction Process in England

Evicting a tenant is not a simple task. It requires a thorough understanding of the legal framework. This section will break down the process into manageable parts.

Can a Landlord Evict a Tenant?

A landlord can only evict a tenant by following the legal process set out in housing law. Informal or forced eviction—such as changing locks, removing belongings, or cutting off utilities—is unlawful. Eviction usually happens through one of two routes:

• Section 21 (where still permitted)

• Section 8 (fault-based eviction)

  
  

Which route applies depends on the tenancy type, timing, and the landlord’s compliance with legal obligations.

Section 21 Evictions (No-Fault) – Current Position

Section 21 has historically allowed landlords to regain possession at the end of a tenancy without giving a reason. However:

• Section 21 is being abolished under the Renters’ Rights Act.

• New tenancies will no longer have a no-fault eviction route.

• Existing tenancies will transition under revised rules.

  
  

Until abolition takes effect, Section 21 remains lawful only if all legal requirements are met. Many notices fail due to missing documents or incorrect timing.

Section 8 Evictions (Fault-Based)

Section 8 is used where a tenant has breached the tenancy agreement. It will become the primary eviction route once Section 21 is removed. Common grounds include:

• Serious rent arrears

• Persistent late payment

• Anti-social behaviour

• Damage to the property

• Other breaches of tenancy terms

  
  

Some grounds are mandatory (the court must grant possession if proven), while others are discretionary.

Legal Requirements Before Serving Notice

Before serving any eviction notice, landlords must have complied with key legal obligations. Courts routinely dismiss cases where these requirements are not met. You must have:

• Protected the tenant’s deposit correctly.

• Provided the prescribed information.

• Supplied a valid Gas Safety Certificate.

• Provided an Energy Performance Certificate (EPC).

• Issued the government’s “How to Rent” guide.

• Ensured the property is correctly licensed where required.

  
  

If any of these are missing or incorrect, eviction may be delayed or refused.

How Long Does Eviction Take?

Eviction is rarely quick. Typical stages include:

• Serving notice

• Waiting for the notice period to expire

• Applying to the court

• Obtaining a possession order

• Enforcing the order through bailiffs if required

  
  

In practice, this often takes several months, particularly where court involvement is necessary.

Common Landlord Mistakes

Landlords frequently encounter delays due to:

• Using the wrong notice

• Incorrect dates or wording

• Missing compliance documents

• Acting before a tenancy allows notice

• Assuming tenants must leave without a court order

  
  

These mistakes usually mean restarting the process.

How the Renters’ Rights Act Changes Evictions

The Renters’ Rights Act is reshaping the eviction landscape by:

• Ending no-fault evictions

• Strengthening tenant protections

• Expanding and reforming Section 8 grounds

• Increasing scrutiny of landlord compliance

  
  

Landlords should review their tenancy management practices now to avoid problems later. Our Renters’ Rights Act article explains these changes in detail.

Local Expertise Matters

While eviction law is national, how it is applied in practice can vary significantly. Local authority enforcement, court expectations, and licensing rules all affect outcomes.

Aziz Property Group, based in Tooting, supports landlords with compliant tenancy management and possession issues. Their local experience helps landlords avoid procedural errors that commonly delay evictions.

Next Steps for Landlords

If you are considering eviction, early advice is critical. Understanding your legal position before serving notice can prevent months of delay and unnecessary cost. To discuss your situation or learn how Aziz supports landlords, visit our Landlord Services page or get in touch for a confidential conversation.

Conclusion

Navigating the eviction process can be daunting. However, with the right knowledge and support, landlords can manage their properties effectively. Remember, staying informed about legal changes is essential. This ensures you remain compliant and can protect your investment. By working with experts like Aziz Property Group, you can streamline the process and avoid common pitfalls.

For more insights and guidance, don’t hesitate to reach out. We are here to help you every step of the way.