How to Evict a Tenant Legally in England and Wales

Evicting a tenant in England and Wales is a strict legal process. Skip a step and you can lose months, or worse, commit a criminal offence. This guide covers the two legal routes and the mistakes that sink most cases.

The two legal routes

Section 21 is the no-fault route: you do not need to give a reason, but you must give at least two months notice using the prescribed Form 6A, and the notice is only valid if you have complied with deposit protection, gas safety, EICR, EPC and How to Rent guide requirements. Note that Section 21 is being abolished under the Renters Rights reforms — until the relevant commencement date, valid notices can still be served, but check gov.uk for the current position before relying on it.

Section 8 is the fault route: the tenant has breached the tenancy, most commonly through rent arrears. You serve notice specifying the grounds you rely on. Ground 8 is the strongest — if the tenant owes at least two months rent both when you serve notice and at the court hearing, the judge must grant possession.

Step one — serve a valid notice

Whichever route you use, the notice must be in the correct form, give the correct notice period, and be served correctly. Keep a certificate of service recording how and when it was delivered. If you post it first class, add two working days to your notice calculation.

Step two — apply to court

If the tenant has not left by the notice expiry date, you cannot remove them yourself. You apply to the county court for a possession order — the accelerated procedure for Section 21 cases, or a standard possession claim for Section 8. Court fees apply and hearings can take several weeks to be listed.

Step three — bailiffs

If the tenant still does not leave after a possession order, you apply for a warrant of possession and county court bailiffs carry out the eviction. Only bailiffs can physically remove a tenant.

What never to do

Changing the locks, removing the tenant’s belongings, cutting off utilities or harassing the tenant into leaving is illegal eviction under the Protection from Eviction Act 1977 — a criminal offence that can lead to prosecution and substantial compensation claims. However frustrating the situation, follow the court process.

Why cases fail

The overwhelming majority of failed possession claims fail on paperwork: an unprotected deposit, a missing gas certificate, the wrong form, or a miscalculated notice period. Before serving anything, work through a pre-serving checklist and fix any gaps first.