‘Fortunately, if your tenant refuses to leave your property, there are legal avenues open to you,’ says Jonathan Lewis, a solicitor in the civil litigation team with QualitySolicitors Parkinson Wright. ‘However, it is imperative that you consult a solicitor early to ensure that you follow the correct procedures, otherwise you may face charges of harassment or illegal eviction.’
‘The procedure to be followed will depend on the type of agreement you have,’ continues Jonathan. ‘If, for instance, it is an excluded tenancy or licence (such as if they live with you), you do not have to go to court to evict them. You just need to give them ‘reasonable notice’ to quit (usually the length of the rental payment period) and if they refuse to leave, you can change the locks on their rooms, even if they still have possessions in there.’
Most modern rental agreements, however, are assured shorthold tenancies. These are either periodic (run week by week, or month by month, with no fixed end date) or fixed-term tenancies (run for a set period). If you have an assured shorthold tenancy, your solicitor will check the agreement and will serve a Section 21 notice on your tenant if you want the property back after a fixed term ends, or a Section 8 notice if they have broken the terms of the tenancy.
Section 21 notices
A Section 21 notice can be used to evict your tenants either after a fixed term tenancy ends (if there is a written contract) or during a periodic tenancy unless it is less than four months since the tenancy started. A Section 21 notice must give your tenants at least two months’ notice to leave your property.
A Section 21 notice cannot be used if:
- the property is a house in multiple occupation (HMO) and does not have a council HMO licence;
- the tenancy began after April 2007 and you have not placed the tenants’ deposit in a deposit protection scheme;
- an improvement notice has been served on the property by the council in the last six months;
- the council has served a notice in the last six months saying it will do emergency works on the property;
- you have not repaid any illegal fees or deposits you charged the tenant; or
- you have not given the tenants copies of the property’s Energy Performance Certificate; the Government’s ‘How to rent’ guide; or a current gas safety certificate.
Section 8 notices
Your solicitor will fill in a ‘notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’ if a Section 8 route is required to evict your tenant. They will help you ascertain which terms of the tenancy have been broken and state this on the notice. Between two weeks’ and two months’ notice must then be given, depending on which terms they have breached.
Your solicitor will keep proof of the notice given to your tenants by either filling in the certification of service form (N215) or writing ‘served by [your name] on [the date]’ on the notice.
Court orders
If your tenants do not leave by the date specified on the notice, your solicitor will produce the N215 or notice and use it to apply for a standard possession order; or, if your tenants have been given a Section 21 notice and you are not claiming unpaid rent, an accelerated possession order.
The possession claim online service can be used if you wish to evict your tenants for rent arrears. If the tenants have broken the terms of the lease, however, your solicitor will fill in a paper standard possession claim form and post it to your local court.
Once your application is approved, your tenants will be sent a copy by the court. They have 14 days to challenge the application from the date they receive it. A judge can either issue an order, or have a court hearing (although this usually only occurs if the paperwork is not in order or your tenants raise an important issue). Possible orders include:
- Order for possession – requiring your tenants to leave your property before the date given in the order (usually either 14 or 28 days after the court hearing). Your solicitor can ask the court to evict them with a ‘warrant for possession’ if your tenants do not leave your property by the date given (see below).
- Suspended order for possession – which allows your tenants to stay in your property provided they make the payments, or obey the conditions, set out in the order. If they fail to pay or breach the conditions your solicitor can ask the court to evict them.
- Money order – requiring your tenants to pay you a specified amount. The court can deduct money from the tenants’ wages or bank accounts or send bailiffs in to take away their possessions if they do not make the payments. You can return to court and your solicitor can ask for a possession order if your tenants get into rent arrears after a money order is made.
- Possession orders with a money judgment – the court can add a money judgment to any of the possession orders (such as for rent arrears, court fees and your legal costs).
Instead of issuing an order, the court may dismiss the case if there is no reason your tenants should be evicted (for example, if you did not use a solicitor and failed to follow the right procedure) and they will be entitled to stay in your property. Alternatively, they may adjourn it until a later date (if the judge does not feel they can reach a decision on the day).
Appealing against the decision
You can only appeal against the judge’s decision if you can show they made mistakes in the original possession hearing. Your solicitor can advise you on whether this is the case and, if so, will need to ask the judge for permission to appeal at the end of that hearing.
Eviction notices and bailiffs
Your solicitor can request a ‘warrant for possession’ from the court if your tenants:
- do not leave the property by the date given in an order for possession; or
- breach the conditions of a suspended order for possession.
When a court issues a warrant, it will send your tenants an eviction notice providing the date they must leave your property. A bailiff can evict your tenants if they do not vacate the property by this date. A warrant of possession can be applied for up to six years after a possession order is made.
Harassment and illegal evictions
It is a criminal offence to harass or try to force your tenants out of a property without following the right process. Your tenants may be able to claim damages through the court if you do not follow the rules. Harassment would include cutting off services, like water; refusing to carry out repairs; or threats and physical violence.
You may be guilty of illegal eviction if you do not give your tenants the right amount of notice to leave your property; change the locks; or evict them without a court order.
How a solicitor can help
Our solicitors can help significantly with the eviction of problem tenants, by preparing the correct legal notices (Section 21 or Section 8), ensuring strict legal procedures are followed, reducing the risk of delays or dismissal, and applying to the court for a possession order and warrant of possession if necessary.
We will also provide advice tailored to your specific tenancy type and offer legal expertise to navigate potential tenant counterclaims or challenges, ensuring a quicker and more successful outcome.
It is also very important to note that the Renters’Rights Act (which received Royal Assent on 27th October 2025) will make considerable changes to the existing law as discussed above,including abolishing no fault evictions under Section 21.We do not yet know when the new law will come into force but it is imperative that someone wishing to utilise the Section 21 procedure seeks legal advice as soon as possible.
For further information, please contact Jonathan Lewis or a member of the civil litigation team on 01905 721600 or email worcester@parkinsonwright.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.