Eviction dos and don'ts

Evicting a tenant is never easy, but there may come a time when it is the only and final option. You must follow strict procedures to have a tenant removed before you can begin the process and seek possession of the property. We've compiled this list of what to do and what not to do to help you understand your landlord responsibilities.

What to do when evicting a tenant

CONTACT YOUR TENANT

It is usually preferable to settle conflicts outside of court. First, try to work out a deal with your tenant or assist them in creating a plan for paying any back rent. Keep track of all correspondence, and make sure any agreements you come to are put in writing.

CHECK WHICH EVICTION PROCESS TO MAKE

In England and Wales, there are two ways to end a tenancy when considering the eviction process:

  • Section 8 Notice: where the tenant has broken the terms of the tenancy
  • Section 21 Notice: if you want your property back after the fixed term has ended

To give your tenants notice using a Section 8, you must fill in a Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. You can give between two weeks' and two months' notice depending on which terms of the tenancy they have broken. You can apply to the court for a possession order if your tenant doesn't leave by the specified date.

You must give your tenant at least two months' notice to vacate the property when issuing a Section 21 notice—you can create a notice by filling out Form 6a. This applies to all tenancies, regardless of when they begin. To serve a Section 21, you must also have given your tenant a current Gas Safety Certificate, an Energy Performance Certificate, Prescribed Information, and a copy of the Government's How to Rent guide.

It is critical that you retain proof of the notice you served on your tenant, either by completing Form N215: Certificate of service or by writing 'served by [your name] on [the date]' on the notice. If your tenant does not leave by the specified date, you can apply for an accelerated possession order using your completed Form N215 or notice.

What not to do when evicting a tenant

NEGLECT YOUR OBLIGATIONS

You must ensure that your end of the tenancy agreement is met. Landlord obligations, such as maintenance, must still be met diligently; failure to do so may result in legal action.

CHANGE THE LOCKS

Entering the property without notice and prior to the tenant vacating the premises is a criminal offence that can result in a hefty fine or even imprisonment.

REMOVE THE TENANT'S BELONGINGS FROM THE PROPERTY

Holding a tenant's belongings hostage in exchange for unpaid rent, or removing them from the property before the tenant has left, is also a criminal offence that could result in significant penalties. Failure to return a tenant's belongings may result in prosecution.

TURN OFF ALL UTILITIES

Turning off utilities like gas, water, and electricity would be a big mistake. As a landlord, you must meet your legal obligations, and cutting off a tenant's water supply may result in criminal charges.