Understanding the legal process for ending a tenancy is essential for every landlord. Here's how Section 8 and Section 21 evictions work — and what's changing.
For most tenancies, landlords and tenants part ways amicably when a tenancy ends. But when a tenant refuses to leave, falls into significant rent arrears or causes serious problems, landlords need to understand the legal process for recovering possession of their property.
The two main routes to possession
In England, landlords primarily use either Section 21 (no-fault eviction) or Section 8 (fault-based eviction) of the Housing Act 1988 to seek possession. As noted elsewhere, Section 21 is being abolished under the Renters' Rights Act, making Section 8 the primary route going forward.
Section 21 — no-fault eviction
Currently, Section 21 allows landlords to end a periodic tenancy by serving two months' notice without needing to provide a reason. There are strict requirements for a valid Section 21 notice: the deposit must be properly protected, an EPC, Gas Safety Certificate and How to Rent guide must have been provided, and the notice must be on Form 6A.
Section 8 — fault-based eviction
Section 8 is used when tenants have breached the tenancy agreement. The most common grounds are rent arrears of at least two months (Ground 8 — mandatory) and general rent arrears (Ground 10 — discretionary). Other grounds include using the property for illegal purposes, causing nuisance to neighbours or damaging the property.
The court process
If a tenant does not leave after a valid notice expires, landlords must apply to court for a possession order. Standard possession orders typically take 4-6 weeks from application. If a tenant still does not leave after a possession order, landlords must apply for a warrant of execution enforced by county court bailiffs — adding further weeks or months.
Accelerated possession
For Section 21 cases (while Section 21 remains in force), the accelerated possession procedure can be faster, as there is no court hearing in most cases.
Professional legal support — from a solicitor or specialist eviction company — is strongly recommended for all possession proceedings. Our management service includes guidance and support through difficult tenancy situations.