Evicting a tenant often involves navigating complex situations and managing a range of emotions. It is important to approach the process with careful planning and understanding of the legal requirements involved to ensure a smooth transition for all parties.
This is even more important with the passing of the new Renters’ Rights Act, which will abolish Section 21 no-fault evictions from 1 May 2026, meaning that the laws concerning evictions for landlords will change significantly.
Eviction is a procedure that is sometimes unavoidable for a landlord, and it’s important that when the situation arises, you handle things in the right manner. Otherwise, you could get in trouble if you don’t follow the legal process of evicting a tenant, and at Brown Turner Ross, we recommend that all of our clients educate themselves on the new reforms and regulations.
This article aims to give you a brief overview of the eviction process, which we, as civil litigation solicitors, deal with regularly. We’ll also cover some other frequently asked questions related to the eviction process.
Keep reading to find out more about the process.
How the Renters’ Rights Act Will Change Evictions
With the introduction of the Renters’ Rights Act (coming into effect 1 May 2026), there will be some significant changes to the way that evictions work. Some of these changes include:
The End of Assured Shorthold Tenancies
From 1 May 2026, Assured Shorthold Tenancies (ASTs) will be abolished in England and replaced with periodic tenancies-rolling agreements without a fixed end date that continue month to month or week to week.
ASTs are the most common type of tenancy agreement in the UK, so this update will prove challenging to some landlords. Landlords should prepare to update their contracts ahead of the implementation date.
Abolishment of No-Fault Evictions
From 1 May 2026, Section 21, which currently permits landlords to evict tenants without providing a reason, will be abolished. Landlords will be required to give a specific reason for terminating a tenancy, typically referencing the established grounds outlined in Section 8 of the Housing Act. This change aims to provide greater security and clarity for tenants.
Additional Protections for Tenants
The Renters’ Rights Act also introduces several other protections:
- Tenants can end their tenancy with two months’ notice
- Landlords can only raise rent once per year, and tenants can challenge unfair increases
- Landlords cannot discriminate against tenants who receive benefits or have children
- Tenants have the right to request to keep pets, and landlords must consider requests fairly
- Landlords must advertise rent at the actual price (no bidding wars)
- Maximum one month’s rent can be requested upfront
If you require more information concerning the changes, be sure to read our Renters’ Rights Bill 2025 guide.
How to Evict Tenants From Your Property (From 1 May 2026)
It is essential to follow the correct procedures when dealing with tenants. Failing to do so may result in legal consequences, including potential prosecution for harassment or unlawful eviction.
Identify a Valid Reason for Eviction
Before a landlord can issue an eviction notice, they must establish valid grounds for the eviction. These grounds fall into two main categories, which are crucial for eviction. Understanding these categories is important for landlords and tenants to ensure they know their rights and responsibilities.
Mandatory Grounds for Eviction
If you are able to outline mandatory grounds for eviction, the courts are legally required to grant the eviction. These grounds include:
- Serious rent arrears, that is usually classified as two months or more without a rent payment
- If a landlord is looking to sell their property
- The landlord or their close family need to move into the property
- The tenant has repeated serious anti-social behaviour
If you want to file for eviction on mandatory grounds, ensure you have proof.
Discretionary Grounds for Eviction
Discretionary grounds are up to the courts’ discretion, and depending on the circumstances, the eviction may not be granted.
Discretionary grounds for eviction include:
- Breach of tenancy terms
- Persistent late rent
- Deterioration of property due to tenant behaviour or neglect
If the court grants your eviction order, you can move on to the next eviction stage.
Serve a Section 8 Notice
Once you have identified valid grounds for eviction, you must complete Form 3 from GOV.UK. The form clearly states the grounds for eviction and the notice period. If you are struggling to complete the form, we recommend seeking advice from a solicitor with expertise in landlords and tenants.
This notice must be served according to the methods outlined in the tenancy agreement, which could be via personal delivery, post, or even email. You must use the correct method, as failure to do so may lead to the delay or refusal of the eviction proceedings.
You must ensure that your notice period is correct, as the courts require.
Wait for the Notice Period to End
Once the eviction notice has been served, the tenant has the legal right to remain in the property until the notice period expires so that they can find alternative living arrangements.
During this time, you may be able to resolve any disputes, and the tenant may even pay any rent arrears and agree to vacate the property.
Apply to the Court for a Possession Order
In cases where you have a difficult tenant who refuses to vacate the property, you should file a possession claim in the county court, where the court will assess your case and ensure that you have followed the correct eviction procedure.
If you have completed your part of the eviction correctly and the judge agrees, they will issue a possession order to allow you to regain possession of your property.
Court Hearing (if required)
If the tenant still refuses to vacate the property, you may have to attend a court hearing where you can apply for further support. You will need to bring any rent statements, tenancy agreements and communications that you have had with the tenant.
At this point, we suggest that you bring a solicitor with expertise in property litigation to support your claims.
What to Do if a Tenant Refuses to Leave?
If your tenant refuses to vacate the property, you’ll need to obtain an order of possession. Your options include a standard possession process or an accelerated one. If the tenant still refuses to leave, you will need to request a possession warrant, which involves bailiffs coming to the property to evict the tenant.
How Much Does it Cost to Evict a Tenant in the UK?
The expenses involved in evicting your tenant can, in some instances, amount to thousands of pounds.
On average, the cost of evicting a tenant in the UK is between £1,000 and £3,000.
Nevertheless, the expenses associated with the eviction procedure can vary based on the specific circumstances.
If you opt to enlist the services of a solicitor, you will need to account for additional legal fees.
When it comes to court fees, pursuing the eviction process through County Courts tends to be more economical in comparison to the High Court.
Filing an application with the court for a standard possession order incurs a fee of £355*, while securing an accelerated possession order (provided you are not seeking rent arrears) comes at a cost of £275*.
If the tenant remains in the property following the issuance of the possession order, the next step is to apply for a warrant for possession, which costs £130*.
*Prices correct at the time of publication.
How Long Does it Take to Evict a Tenant in the UK?
The eviction procedure and the process of removing a tenant are generally quick and smooth. The majority of tenants vacate the premises after receiving notice, which is the initial step.
The duration of Section 8 notices hinges on the grounds for eviction. In cases of rent arrears, the most prevalent cause of eviction, the notice period is typically 14 days, but it can be much longer.
Proceeding to the second step, an order for possession becomes necessary only when tenants disregard the eviction notice.
Anticipate a timeframe of 6-8 weeks on average for a judge to grant a possession order, which grants tenants an additional 14 days to comply.
If your tenants continue to disregard the possession order, you will advance to the third step, which involves applying for a possession warrant. This phase can take 5 to 10 weeks.
Brown Turner Ross – Helping You Through the Eviction Process
We understand that going through the eviction process can be a very stressful time for a landlord.
Navigating the process can feel overwhelming; however, having a strong support system is crucial for achieving the best possible outcome in your situation.
At Brown Turner Ross, our team of expert solicitors is ready to offer support and assist you through the eviction process. Contact us today to arrange a consultation with a member of the team.