How to evict a tenant: the legal process, step by step

Possession claims are decided on paperwork. Pull the file first and confirm: the signed tenancy agreement and who is actually named on it, the deposit protected in a scheme with prescribed information served, an in-date gas safety record and EICR, the EPC, the How to Rent guide where it applies, and any licence the property needs.

If something is missing, fix it before you serve. A missing certificate or an unprotected deposit is the most common reason a claim is struck out — and it is far cheaper to remedy now than to discover it at a hearing after four months.

• Section 8 — fault-based. You rely on grounds in Schedule 2 of the Housing Act 1988: arrears, breach of tenancy, damage, anti-social behaviour, or the landlord needing the property back. See the section 8 notice guide.
• Section 21 — no fault. Historically the simplest route, with an accelerated paper procedure, but being abolished by the Renters' Rights Act. See the section 21 guide and the Renters' Rights Act guide for what has commenced.

Before either, try the negotiated exit. A surrender by agreement, a payment plan or a modest help with moving costs frequently resolves the situation faster and cheaper than a claim — and there is no court risk in it.

• Use the current prescribed form and the correct notice period for the route and grounds.
• Name every tenant, exactly as on the agreement.
• Give full particulars for each ground, with dates and figures.
• Serve as the tenancy agreement allows, and keep dated proof of service.
• Diarise the earliest date proceedings can start and the notice's expiry.

If the notice expires and the tenant remains, issue a possession claim in the county court. Section 8 claims are heard at a hearing; a valid section 21 claim without a rent arrears element could historically use the accelerated paper procedure.

Take a complete bundle: the tenancy agreement, the notice and proof of service, a rent ledger showing every payment and the running balance, deposit protection evidence and prescribed information, compliance certificates, and the correspondence trail. The outcome is an outright order, a suspended order on terms, or dismissal.

If the date in the possession order passes and the tenant has not left, apply for a warrant of possession. County court bailiffs then set an eviction date and attend to carry it out. With the court's permission the claim can be transferred to the High Court for enforcement, which is sometimes faster but more expensive.

Do not act on your own. Changing locks, removing belongings, cutting off services or pressuring the tenant to go is unlawful eviction or harassment under the Protection from Eviction Act 1977 — criminal offences that also expose you to a damages claim, and which will destroy your position in the possession proceedings.

Plan on months, not weeks: the notice period, then weeks to issue and list a claim, then a bailiff appointment. Costs are the court issue fee, the warrant fee, any legal fees — and, dominating all of them, the rent you are not collecting. Model the void in the rental yield calculator so the decision is made on the real number.

• Reference thoroughly and check affordability against a sensible income multiple.
• Complete Right to Rent checks before occupation and diarise follow-ups.
• Act on the first missed payment, in writing, not on the third.
• Keep a contemporaneous log of every repair report and your response.
• Keep every certificate in date and stored against the property with its issue date.