Eviction by a landlord

If you rent your home, your landlord can’t usually ask you to leave without a court-issued Possession Order followed by a bailiff’s warrant.

A key exception is if you share living space with your landlord (for example, a bathroom or kitchen). Even in this case, they must give you reasonable notice or wait for your agreement to end.

To evict you legally, most landlords must follow these steps:

1. Serve the correct notice (Section 8 or Section 21).
2. Apply to the court for possession.
3. Attend a court hearing (in most cases).
4. Apply for a bailiff’s warrant if needed.

Section 8 Notice

A Section 8 Notice (or Notice Seeking Possession) can be used when your to evict you for specific legal reasons known as the 17 Grounds. These might include:

• rent arrears
• damage to the property
• antisocial behaviour

Your landlord must serve this notice on the correct legal form and include all necessary details before applying to the court.

Notice periods:

• 2 weeks for Grounds 3, 4, 8, 10, 11, 12, 13, 15 and 17
• 2 months for Grounds 1, 2, 5, 6, 7, 9 and 16 (rarely used)
• Immediate court action is allowed for Ground 14 (nuisance)

After a fixed-term contract ends, any of the 17 Grounds may be used. 

During a fixed term, only certain Grounds (such as 2, 8, 10 to 15, 17) can be used, but only if the tenancy agreement allows it.

Section 21 Notice: Notice Seeking Possession

For Assured Shorthold Tenancies, landlords can also use a Section 21 Notice, sometimes called a no-fault eviction. They don’t have to give a reason but must follow the correct legal process.

However, Section 21 can only be used if the landlord has met specific legal requirements:

Key Conditions:

• the property must not be an HMO or in a selective licensing area without a valid license application
• the deposit must be properly protected, and the tenant given all required deposit scheme information
• the landlord must use Form 6A (the official government form)

The tenant must have also received:

• the government’s ‘How to Rent’ guide
• a Gas Safety Certificate (before moving in and current at the time of notice)
• an Energy Performance Certificate (EPC), if required

Timing Rules:

• notice cannot be given in the first 4 months of the tenancy
• for most tenancies, the notice expires after 6 months
• if the council serves an Improvement Notice, a Section 21 notice:
• cannot be served within 6 months
• may be invalidated if already served
• the court application can only be made after the fixed term ends (for fixed-term tenancies)

Assured Shorthold Tenancies started before 1 October 2015

The Deregulation Act 2015 brought in new requirements for Section 21 notices, but these may not apply if your tenancy began before 1 October 2015 and hasn’t been renewed.

In these cases:

• the landlord might not need to provide a gas certificate, EPC, or How to Rent guide
• Form 6A may not be required, but 2 months’ notice must still be given

Possession Order

Once the notice period ends, your landlord can apply to the county court for a Possession Order.

You’ll receive a defence form and it’s important to get advice if you want to challenge the application.

If the court grants the order:

• you’ll usually be given 14 days to leave
• this can be extended to 6 weeks in exceptional cases
• you may have to pay your landlord’s legal costs if you lose

If you stay beyond the deadline, your landlord must get a bailiff’s warrant. Only then can bailiffs carry out the eviction.

Unlawful Eviction

If your landlord tries to evict you without a court order by:

• changing the locks
• moving someone else in
• threatening or intimidating you

This could be a criminal offence under the Protection from Eviction Act 1977. Penalties may include:

• Magistrates’ Court: unlimited fine and/or up to 6 months in prison
• Crown Court: unlimited fine and/or up to 2 years in prison

You may also be able to:

• claim compensation
• apply for an injunction to return to your home