Evicting a Tenant

No-one wants to evict their tenant, it’s expensive and stressful for all concerned. But sometimes it’s necessary. Keeping a good relationship during eviction is hard but important.

Before you can issue possession claims, you must try to resolve issues with tenants. This can include:

• writing to the tenant
• offering help with benefits or a repayment plan
• using a mediation service.

Here are some tips for landlords:

• Contact your landlord liaison officer. We can see if we can help resolve the issue before eviction becomes necessary.
• Keep your tenant informed about the reasons for eviction and the steps involved. Transparency helps build trust.
• Show understanding and respect for your tenant’s situation. This can help reduce tension and foster cooperation.
• Adhere strictly to legal requirements to avoid misunderstandings and ensure fairness.
• If possible, give references, resources, or suggestions to help your tenant find new housing.
• Stay professional to keep interactions positive and helpful.

By focusing on these steps, you can handle eviction better and keep a respectful relationship with your tenants.

What are grounds for eviction

• If your tenant hasn’t paid rent.
• Breaking the terms of the contract.
• You need the property back for your own use or to sell
• If your tenant is behaving in a way that can harm or disturb others, break social norms, or violate the rights of others. It can include things like:
  • Noise disturbances (e.g., loud music or shouting)
  • Vandalism or property damage
  • Threatening or abusive behaviour
  • Involvement in illegal activities like drug use or dealing

Evicting tenants after 1 May 2026

The Renters' Rights Act provides:

• greater security and fairness for tenants
• clearer rules for landlords.

For landlords, it is important to understand the Renters' Rights Act changes to:

• ensure compliance
• avoid penalties and
• maintain a positive relationship with tenants.

New rules on starting and ending tenancies

The Renters' Rights Act ends Section 21 ‘no fault’ evictions. You can no longer use Section 21 of the Housing Act 1988 to evict tenants.

You will only be able to evict tenants when you have a specific, legally valid reason. This is also known as a ‘possession ground’.

Possession grounds will be extended to make it easier for you to evict tenants when you:

• want to sell the property
• move into the property or
• move in members of you family.

The changes will also make it easier to evict tenants for serious rent arrears or for anti-social behaviour.

Most new and existing tenancies in the private rented sector will become assured periodic tenancies. These are also known as ‘rolling tenancies’.

Renters will be able to stay in the property until:

• they end the tenancy
• a landlord serves a valid notice to end their tenancy
• a landlord obtains a court or possession order.

Renters will be able to end the tenancy at any point by giving 2 months’ notice.

There is a 12‑month protected period at the start of a tenancy where you cannot evict tenants to sell or move in.

New requirements for tenancies

Landlords need to make sure they understand the new rules for tenancy agreements. You need to give tenants written information about the terms of their tenancy.

Tenancies started before 1 May 2026

If the tenancy started before 1 May 2026, you won't need to:

• change the tenancy
• have existing written tenancy agreements reissued.

You need to send your tenants a government-produced information sheet before 31 May 2026. The government will publish the information sheet in March 2026.

Tenancies starting on or after 1 May 2026

For tenancies that start on or after 1 May 2026, you will need to:

• give your tenants certain information about the tenancy in writing.

Serve the correct notice

End of fixed-term assured tenancies

The Renters’ Rights Act has removed fixed-term assured tenancies. Fixed-term tenancies mean renters have to pay rent even when the property is not up-to-standard. They reduce flexibility to move if circumstances change, for example:

• after relationship breakdown
• to take up a new job
• when buying a first home.

Periodic tenancies

All tenancies will be periodic. Tenants can stay in their home until they decide to end the tenancy by giving two months’ notice. Tenants will no longer be trapped paying rent for substandard properties. It also offers more flexibility to both tenants and landlords when circumstances change.

There will be different reasons under which you can end a tenancy. These reasons are also called 'grounds'. You will need to give your tenant the correct amount of notice for each ground.

If a tenant does not leave

If a tenant does not leave during the notice period, you can apply to evict them through the courts. You can use more than one ground to evict them.

For mandatory grounds, the court must award possession if the ground is proven.

For discretionary grounds, the court can consider if eviction is reasonable, even when the ground is met.

The court will not be able to evict your tenant if you have not protected their deposit in a government approved tenancy deposit scheme.

Please check the grounds for possessions guidance.

Make sure the notice is valid

• Use the right form: For an assured periodic tenancy, use form 3.
• Serve the notice properly: You can serve the notice in person, by post, or via email if agreed.
• Meet legal requirements:
  • Protect your tenant’s deposit in a government-approved scheme.
  • Give them documents like the Gas Safety Certificate, Energy Performance Certificate (EPC), and the "How to Rent" guide.
  • Check the form is correctly completed with no errors or missing bits.

Consider mediation

• Before going to court, consider mediation to settle the dispute without legal action.

The following offers a tenancy/landlord mediation service:

• Property redress scheme (PRS) TDS resolution
• UK mediation

Wait for the notice period to end

• Assured periodic tenancy: Wait for the 2-month notice to end.
• Section 8: Wait for the notice period stated in the form to end.

Apply for a possession order

• If your tenant doesn’t leave after the notice period, apply for a possession order from the court.

Attend court (if needed)

• Prepare Your Evidence. Gather documents like the tenancy agreement, proof of notice and any tenant communication.
• Present Your Case. At the hearing, the judge will decide whether to grant you a possession order.

Enforce the possession order

• Bailiffs: If your tenant still refuses to leave after you’ve been granted a possession order, you can request bailiffs to remove them.

Get legal advice

• Seek Help: If you’re unsure about any step, it’s a good idea to consult a lawyer to make sure you’re following the law.

Important tips

• Stay Professional: Keep calm and handle the situation with professionalism.
• Document Everything: Record all communication and steps you take.
• Understand your legal responsibilities as a landlord.

By following these steps, you can manage the eviction process properly and legally.