Evicting a tenant is a legal process that must be handled with care.
Since 1 May 2026, tenant evictions must proceed under Section 8 of the Housing Act 1988 following the abolition of Section 21 ‘no-fault’ evictions. Landlords must rely on specific statutory grounds, making compliance more important than ever.
Even a small error – such as using the wrong grounds, serving an invalid notice or failing to meet statutory requirements – can lead to delays, dismissal of your case or tenant claims.
Our tenant eviction solicitors act for private landlords, property investors, managing agents and freeholders, providing tailored support based on your specific needs. We advise on residential tenancies, including the new periodic tenancy regime, company lets, HMOs and other arrangements.
We manage the tenant eviction process from start to finish, providing clear, practical advice to help you avoid delays and protect your legal position. We support landlords with:
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How do I legally evict a tenant in England?
To evict a tenant, you must follow a strict legal process. Since 1 May 2026, all tenant evictions must proceed under Section 8 of the Housing Act 1988 using one or more statutory grounds. This involves serving a valid Section 8 notice, allowing time for the tenant to respond, and applying to court for a possession order if they do not leave. If they still remain, a warrant of possession may be enforced by bailiffs. Our tenant eviction solicitors manage the process from start to finish.
What grounds can I use to evict a tenant under Section 8?
Landlords must rely on one or more statutory grounds under Section 8 of the Housing Act 1988. These include mandatory grounds, such as intending to sell or move into the property (subject to restrictions) and discretionary grounds, such as rent arrears, anti-social behaviour or breach of tenancy terms. Choosing the correct grounds is essential to a successful claim.
Can I evict a tenant to sell or move into the property?
Yes, landlords can seek possession under Section 8 if they intend to sell the property or move in themselves. However, these grounds are subject to restrictions, including not being available within the first 12 months of a tenancy and requiring genuine intention.
What happens if I use the wrong grounds or notice?
Using the wrong statutory ground or serving an invalid notice can result in your claim being delayed or dismissed by the court. In some cases, you may need to restart the process entirely. Legal advice can help ensure compliance and avoid unnecessary costs.
What notice period is required to evict a tenant?
Notice periods depend on the Section 8 ground relied on and can vary significantly. Some grounds require several months’ notice, while others (such as anti-social behaviour) may allow shorter periods. It is important to apply the correct notice period to avoid delays or invalid notices.
What happens if the tenant refuses to leave after being served notice?
If the tenant does not leave after a valid Section 8 notice expires, you must apply to court for a possession order. If granted and the tenant still refuses to vacate, you will need to apply for a warrant of possession and instruct bailiffs or enforcement officers. Attempting to evict a tenant without following this legal process is unlawful.
Can I evict a tenant if they’ve caused damage to the property?
Yes, damage beyond fair wear and tear may be grounds for eviction under Section 8 of the Housing Act 1988. You will need evidence, such as photographs or inspection reports, and may also be able to claim compensation. We can advise on the appropriate grounds and help you gather the necessary documentation.
Do all tenant evictions go to court?
Not every tenant eviction will require court proceedings. If the tenant vacates the property after receiving a valid Section 8 notice, the process may end at that stage. However, if the tenant remains or challenges the notice, you must apply to court for a possession order. Our tenant eviction solicitors assess each case carefully to resolve matters as efficiently as possible.
What are the costs of evicting a tenant?
Costs depend on the complexity of the case and the steps involved under the Section 8 process. Our tenant eviction solicitors offer fixed-fee packages covering notice preparation, court proceedings and enforcement. Additional fees may apply for contested cases or enforcement action. We always provide transparent costs upfront.
Do you handle other types of property disputes?
Yes. Our property dispute solicitors advise on a wide range of matters. Our landlord and tenant solicitors handle issues arising from that relationship, and our specialist debt recovery team can assist with property-related debt claims and more.
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Please note we do not offer legal aid or no win no fee agreements.
