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I feel your pain! I’ve been there, I’ve done it, and I’m still haunted by experiences,
Sadly, evictions are part and parcel of the BTL beast. In fact, most landlords will likely have to deal with the process at some point, particularly given the current economic climate, which is pushing more people into renting as homeownership becomes increasingly unaffordable.
If you’re rummaging through this page, there’s a good chance you’re currently dealing with problematic tenants and looking for a quick and easy fix.
If so, you may have landed in the right place! I’m hoping this blog post, which is based on my personal experiences as a landlord who likes to think he’s seen and smelt it all, covers the key aspects you need to know about evicting tenants in England. Needless to say, there’s a right way to go about it, and there’s no shortage of wrong ways (often resulting in added epenses and delays!).
Do you have Landlord legal expenses insurance?
First and foremost, I recommend checking if your landlord insurance policy includes “legal expenses cover” Many landlord policies do, so you might not even be aware that you’re covered for landlord legal advice and services, including evictions.
If you’re unsure, contact your insurer to confirm.
If you are covered, reach out to them immediately. They should be able to guide you through your next steps and often use their own legal team to handle the situation for you. You don’t necessarily need to make a claim, but obviously being aware of your options is paramount.
What is a tenant eviction?
Just so we’re on the same page, an “eviction” is a legal process by which a landlord seeks to regain possession of a rented property, requiring the tenant to vacate.
Evictions are often associated with removing rogue tenants who have breached the terms of their tenancy (for example, falling into rent arrears or engaging in anti-social behaviour). However, that isn’t always the case, as landlords may also evict “good” tenants who have not breached any terms, for various reasons (for example, if the landlord wishes to sell the property).
With the introduction of the Renters’ Reform Act (RRA), the starting point for any eviction, whether to remove a compliant or non-compliant tenant, is effectively the same.
Can I evict my tenant?
Good question, and it’s the first one every landlord should ask before going down this bleak path.
Landlords need a permitted ground for eviction. In other words, the government has set out specific reasons why a landlord is allowed to evict a tenant. If one or more of those grounds apply, you may have a case. These reasons cover scenarios where the tenant is at fault, as well as situations where they are not.
If you can’t find a ground that fits your situation, then you likely do not have the right to evict your tenant. However, you do have other options, which I discuss in my post on ways to end or terminate a tenancy agreement (but if you’re trying to remove a stubborn rogue tenant, those options are unlikely to be effective, so you’re better off staying right here for now!)
It’s important to follow the proper procedures!
Fair warning: I may reiterate this point multiple times, probably until you’re sick to death of hearing it, because too many landlords seem to veer off course and take matters into their own illegitimate hands when dealing with rogue tenants. And more often than not, it’s a bloody unmitigated disaster.
I get it. Trust me, I do…
It can be terribly tempting to take matters into your own grubby little mitts, especially when you’re dealing with an asshole that is being overwhelmingly unreasonable. It may require super-human strength and discipline to stay calm and resist your primal instincts, but it’s essential to fight it.
One of the most common mistakes landlords make is turning up at the property unannounced and attempting to physically remove the tenant or their belongings. While it might feel like swift justice, it can seriously backfire, potentially delaying the eviction process and making it significantly more expensive.
The key point to remember is that tenants have statutory rights, including the right to quiet enjoyment. This means a landlord cannot simply attend the property whenever they wish, and those rights remain in place even if the tenant has breached the tenancy agreement.
If you interfere with those rights, the tenant may have grounds to bring a counterclaim. This could result in them being allowed to remain in the property and even receiving financial compensation – paid from your own pocket.
It may feel unfair (and in many cases it is), but it is the law.
For this reason, following the correct legal procedure is not just advisable, it’s essential. It is the safest and most effective route, whereas improper action can expose landlords to serious legal and even criminal consequences.
Steps for Evicting Tenants
Step 1 – Ask yourself: is eviction actually necessary?
Depending on your circumstances, eviction may not be necessary at all, but rather a knee-jerk reaction, often driven by frustration or fear.
The eviction process shouldn’t be taken lightly, so if there’s a realistic way to avoid it, that is usually the better option (well, most of the time).
For example, if your tenants are generally good but have fallen into financial difficulty, a better solution than eviction may be to agree a payment plan to help clear arrears and manage ongoing rent. That said, don’t let goodwill put you in financial difficulty.
From experience, evictions are sometimes necessary, but they are also often pursued when other options would have been more appropriate. Where it makes sense to avoid eviction, do exactly that: avoid it.
Step 2 – Communicate first, if the option is available!
Obviously, I don’t know your exact circumstances, but communication in these situations doesn’t always happen in good faith.
If you’re trying to evict a tenant who is not at fault, it goes without saying that you should reach out and explain why you’re looking to repossess the property before serving an eviction notice. The last thing you’ll want to do is blindside them.
If you’re dealing with rogue tenants, and assuming bridges haven’t been completely burnt and a degree of civility remains, it’s still worth trying a diplomatic approach before going in all guns blazing. Experience has taught me that a calm, rational approach – ideally with a bit of empathy – can often prevent a lot of unnecessary headaches. You might be surprised: some tenants may be willing to vacate the property voluntarily, and even earlier than required.
Step 3 – Serve an eviction notice (Section 8)
Unless you’re able to mutually end the tenancy, the primary option for evicting a tenant – whether they are in breach or not – is serving a Section 8 notice and relying on the appropriate grounds for possession.
Each ground carries its own notice period and requirements. For example, if you’re relying on a no-fault ground such as selling the property, you cannot require the tenant to leave within the first 12 months of a new tenancy, and you must provide at least four months’ notice.
If you are relying on rent arrears, the tenant must typically owe at least three months’ rent before you can serve notice under that ground.
So it’s important to understand the terms of the ground you’re relying on – I go into more in my Section 8 notice blog post. More importantly, it’s imperative that you have legitimate grounds for eviction.
Step 4 – Issuing a court order
If the notice period has expired and the tenant has not vacated the property, you may apply to the County Court for a possession order. For more information on how to start proceedings, see the HM Courts & Tribunals Service page.
Your case will then be reviewed by a County Court Judge to determine whether you have valid grounds for possession. This is why it’s essential to have everything properly prepared.
Be warned: waiting for your case to be processed and for a court date to be issued can be a lengthy process (understatement!). It can take several months, partly due to what is often described as an underfunded and understaffed court system.
Step 5 – Bailiffs
Assuming you’ve obtained a possession order from the County Court Judgement, most tenants should vacate the property as instructed. However, if they do not, you can apply for a Warrant of Possession, which is enforced by County Court Bailiffs.
It’s important to note that landlords cannot use private or “run-of-the-mill” bailiffs to remove tenants from a residential property – it must be a County Court Bailiff.
Once the warrant application has been submitted, the court will issue a warrant number. This then enters a queue for the court to allocate a bailiff appointment to carry out the eviction.
Professional Eviction Services
If you need advice, or if you’re not feeling confident about the whole eviction process (which is completely understandable and normal for most landlords), my recommendation is to use a specialist tenant eviction company. They will know the most efficient way of evicting tenants, and it’s often the most cost-effective solution (they’re not as expensive as people assume – but they’re not cheap either). Here’s a list of professional eviction companies.
Unfortunately, as mentioned, many landlords take the wrong steps, which can significantly delay the eviction process. While some tenants may leave upon receiving notice, invalid notices are often dismissed by judges, resulting in months of delay if the matter proceeds to court. Ensuring the notice is correctly prepared is therefore crucial, and it is often more cost-effective and reliable to use a specialist service.
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Important eviction considerations
- Recovering arrears and court awards – If your tenant has fallen into arrears, and you win your case, you may be awarded the rent owed along with court costs and potentially additional compensation. However, if the tenant is unemployed or has limited income, repayment may be ordered over a long period, with the risk of further defaults along the way.
- Using a professional eviction service – If you decide to use a professional company to handle the eviction, make sure you understand all costs upfront. Most reputable firms operate on a fixed-fee basis, which helps avoid unexpected charges later in the process.
- Serving notice correctly – Ensure any written notice is served correctly and that all procedural requirements are followed precisely. If there are weaknesses in your case, such as poor property condition or procedural errors, this may negatively impact your claim in court.
- Seeking legal advice early – If you are considering eviction, it is advisable to consult a solicitor or qualified legal adviser before taking action. Even where grounds for possession appear straightforward, the court will expect strict compliance with procedure.
- Court expectations and paperwork – Judges are reluctant to grant possession orders where paperwork is incomplete or procedures have not been followed correctly. The eviction process is technical, and it is easy for those unfamiliar with it to make costly mistakes.
Best of luck!
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
Can someone help with any advice? A family member has his own house and another family member and husband wanted 2 live there and pay the ownwer rent, but, no contract was drawn up and they paid cash in hand. the amount agreeed was £350 but the family tenants had some money troubles so rent droped to £250, anyway 2 cutlong story short, the family tenents have said they can't afford 2 pay ANY rent and they R NOT going to pay any because they can't,. The ownwer of the house needs 2 sell his house as he has just had his work hours cut from full time to 17hours a week so needs 2 sell house 2 pay off debit. How can he go about getting the family tenents out? Any help or advice will be really helpfull please.