How can I evict my tenant?

Serving a Section 21 Notice

This is often referred to as the ‘No-Fault Eviction’ and the timing under these notices is crucial. For example, the landlord is only able to serve a Section 21 Notice after the first four months of the tenancy.

It is the landlord’s responsibility to serve the Notice and where there is more than one landlord, the Notice will need to be served by at least one of them.

Under the Section 21 process, there are mandatory pre-conditions to be satisfied. If there is a pre-condition that is not satisfied, there is potential that any Notice served will be invalid.

The pre- conditions are as follows:

1. Protected Tenancy Deposit.
2. The relevant licenses depending on the type of tenancy e.g. a HMO licence.
3. Energy Performance Certificates is required where the tenancy started after the 1^st October 2015.
4. Gas Safety Certificate to be provided before the tenant moves into the premises and to be renewed annually.
5. How to Rent Guide – to be accessed off the GOV UK website and periodically changes. Landlords will need to ensure the most updated version is provided at the time that the tenancy is granted.

Landlords must ensure when serving the Section 21 Notice, they use the prescribed form for tenancies granted after 1^st October 2015. In the spirit of playing it safe, even when the granted tenancy predates 2015, you should use this form.

The Notice must state the accurate time frame, for example where there is a fixed term tenancy, the notice will need to be at least 2 months along with the specified date for possession. The specified date for possession must be after the tenancy term ends.

Serving a Section 8 Notice

This Notice is available to a landlord where a tenant has breached a term/s of their tenancy agreement.

Grounds

There are several grounds available for the landlord, therefore, the landlord will need to specify which ground is to be relied upon. The grounds are either mandatory or discretionary for the court. Where the landlord specifies and relies upon a mandatory ground, which is later proven, the court will have to grant possession.

Some of the common grounds relied upon by landlords are serious rent arrears, non-payment of rent, or breach of tenancy agreement. Please seek specialist advice from a solicitor on the relevant grounds that are available to you.

Notice Periods

The landlord will need to be aware of the specific periods of each ground. By way of example if the landlord chooses to rely on the ground of non-payment of rent, there is a notice period of 14 days to be provided to the tenant.

If the period lapses and there has been no rectification on behalf of the tenant, the landlord will be able to apply to the court for a possession order.

Prescribed form and Service

You must ensure it complies with the legal requirements and clearly sets out any grounds for possession of which the landlord relies upon.

Always browse your agreement – there may be a clause in the tenancy agreement that deals with notices. The landlord must ensure that this clause is complied with in order to serve a valid notice. For instance, the clause could state that the notice served must be in writing and delivered by way of recorded delivery.

Remember that serving a section 8 notice, this does not automatically grant the landlord possession of the property, hence, it is merely the first step in the process. Due to the nature of the procedure it is important that you consult with a legal professional.

What are the new rules?

Heads up: From the 1^st May 2026, landlords will no longer be able to serve Section 21 Notices, as they will become abolished.

Landlords intending to use section 21 to regain possession of their property will need to act soon, having a limited timeframe to do so. This is because the final deadline for serving a valid Section 21 Notice is 4:30pm on Thursday 30^th April 2026, consequently, any Notice served after this date will be invalid.

In essence, landlords must only evict tenants where there is a valid reason, and they are able to specify and rely upon the section 8 mandatory and discretionary possession grounds.

Some new mandatory grounds include:

1. Intention to sell the property
2. Intention to move in or let to a family member or
3. Serious antisocial behaviour.

There will be specific requirements to satisfy for each ground that is relied upon, additionally, the Notice periods of each ground will be extended.

These tenancies will now be referred to as periodic assured tenancies meaning that all previous assured shorthold tenancies, aka AST’s, will be automatically converted to reflect the same.

The goal of these changes ensures that the tenants have secured rights, further, allowing a more structured and streamlined process making things clearer for all of those that are involved! It is advised that you reach out to a solicitor to ensure you understand what the new legislation means for your existing or future tenancies.