Are you planning to evict your tenant?
Please read on to understand what steps you must take to do this legally.
The correct procedure will depend on which tenancy agreement you issued. We advise that you get independent legal advice if you have any concerns about how to proceed.
For all tenancies
You can no longer use a Section 21 notice. As of 01 May 2026 the use of this type of no-fault eviction was banned.
You must serve a Section 8 notice. Ensure that you understanding the grounds you are serving for as some do come with restrictions.
If the tenants do not leave by the date on the eviction notice, you must apply to the Court for a standard possession order.
If your tenant does not follow the terms in the possession order you can apply for a warrant of possession. This means bailiffs can remove the tenant from your property.
You can find full guidance on how to evict tenants on the Gov.uk website.
Forcing a tenant out of a property, without using correct procedures, could be classed as illegal eviction. The tenant may start legal proceedings against you to claim damages, or apply for an injunction to get them back into the property.
The Protection from Eviction Act 1977 sets out the definition of illegal eviction and harassment.
Illegal eviction can occur if:
You do not serve the required notice, according to the tenancy type, to your tenants to leave the property
You change the locks without the tenant’s approval or knowledge
You evict your tenant without a court order
You force your tenant to leave the property without a warrant for possession. Only a bailiff can legally remove tenants from your property
You could be harassing the tenant if:
You prevent your tenant from using services, for example, stopping water or energy supply
You withhold keys
You refuse to carry out essential repairs to the property
You threaten the tenant with physical violence
You refuse to carry out essential repairs to the property
You demonstrate anti-social behaviour (including from an agent, friends or family)
You force occupiers to sign agreements that take away their legal rights
You pressure occupiers to leave where the legal process has not been followed
You remove or restrict essential services such as hot water or heating
You fail to pay bills so that services are cut off
You visit the property without warning, particularly late at night
You enter the property when the occupier is not there, or without their permission
You stop occupiers from having guests
You tamper with their mail
You persistently offer the occupiers money to leave
You intentionally move in other tenants who cause nuisance
You cause harassment because of gender, race, disability or sexuality
If you are accused of committing illegal eviction or harassment, you should seek legal advice immediately.