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Evicting a tenant

If you are a landlord and serve notice on your tenant to leave the property and they do not leave when the notice period expires, you must send your tenant a 'notice of intention to seek possession'. This lets the tenant know that you plan to apply to the court for a possession order to evict them if they do not leave.

You must give the notice of intention to your tenant before you can apply for a possession order.

If you apply to the court for a possession order, the court will decide whether or not to evict your tenant. If it grants the order, it will either require the tenant to leave on a specific date or will 'suspend' the order. If the possession order is suspended by the court, this means that the tenant can stay in the property as long as they continue to meet certain conditions set out by the court.

If your tenant still refuses to leave when you have a possession order, you must apply for a warrant for eviction from the county court. The court will arrange for bailiffs to remove the tenant from the property.

• Ending a tenancy - private renting

• Download 'Notice that you must leave - a brief guide for landlords and tenants' - Communities and Local Government (PDF, 336K) Opens new window

• Help with PDF files

• Advice for private tenants on eviction - Shelter Opens new window

Evicting assured tenants

If the tenancy was started between 15 January 2024 and 27 February 2024 you may have to apply to a court with 'grounds for possession' to remove your tenant. These grounds are reasons why you need your property back, for example you need to sell the property to pay the mortgage back.

• Download assured and assured shorthold tenancy guidance for tenants from Communities and Local Government (PDF, 498K) Opens new window

• Download assured and assured shorthold tenancy guidance for landlords from Communities and Local Government (PDF, 641K) Opens new window

• Help with PDF files

Evicting regulated tenants

If your tenant moved in before 15 January 2024 they will have a regulated tenancy. In these cases, you must show the court that you want the property back for a reason, for example you or a member of your family wants to live in the property. You must also show the court that you let the tenant know this in writing before the tenancy started.

If you want the property for a different reason, the court will decide whether you can get a possession order. You must always tell your tenant the reasons you want the property back.

• Types of tenancies - private renting

Evicting a tenant through accelerated possession

If your tenant has an assured shorthold tenancy (the most common type of tenancy, starting on or after 15 January 2024) you can also consider the 'accelerated possession procedure'. This is a quicker way to get back possession of your property, and usually does not need a court hearing. You can only use the procedure if you have a written tenancy agreement and you have given the required written notice - in the right form and giving at least two months' notice. The notice you give cannot ask a tenant to leave before the end of a fixed-term tenancy.

Applying for accelerated possession

You should apply directly to the county court for accelerated possession and complete the 'claim for possession' form (form N5B). You will need to include the following information:

• names and addresses of you and your tenant
• the property you want possession of
• dates of the tenancy agreement and when notice was served
• when the notice period ended

You should also send copies of the tenancy agreement, the notice sent to your tenant, and any other relevant documents.

The court will base its decision on the written evidence supplied by both parties. You must ensure you include all relevant information when you first make the application.

If the courts award possession to you, you may be able to get your costs of making the application back from the tenant. However, you cannot claim any other costs, such as rent arrears or unpaid deposits.

The possession order will normally take effect two weeks after the decision unless the court decides that this would cause the tenant exceptional hardship. In that case, the judge may delay the order for up to six weeks. However, the judge will set up a hearing beforehand which you can attend, to hear the tenant's application.

• Download form N5B for accelerated possession from Her Majesty's Courts Service (PDF, 279K) Opens new window

• Help with PDF files

Tenants disputing accelerated possession

If you are a tenant and the court has sent you a copy of your landlord's application for a possession order, you should contact a legal adviser immediately. You have 14 days from the day you receive the copy of the application to file a defence to the court. However, the court may still go ahead with the accelerated procedure.

• Get help from Community Legal Advice Opens new window

Harassment and illegal evictions

It is a crime for landlords to harass or to try to force a tenant out of the property without using court procedures. Tenants that have been harassed or illegally evicted have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes a tenant feel unsafe in the property or forces them to leave. Harassment is a broad term but can include any of the following:

• stopping services, like electricity
  
• withholding keys, for example there are two or more tenants in a property but the landlord will only give out one key
  
• refusing to carry out repairs
  
• anti-social behaviour by a landlord's agent, for example a friend of the landlord moves in next door and causes problems
  
• threats and physical violence
  

Illegal eviction and tenants' rights

Your landlord must first give you a notice to leave if they want the property back from you. If you do not leave on your own, your landlord has to ask a court for an eviction order to force you to leave. Your landlord may be guilty of illegal eviction if you:

• are not given the notice to leave the property that your landlord must give you
  
• find the locks have been changed
  
• are evicted without a court order

Even if your landlord’s property is being repossessed by their mortgage lender, the lender must give you a notice period so you can find other accommodation.

If you have an assured shorthold tenancy recognised by the landlord’s mortgage lender, they must honour the terms of your tenancy. If your tenancy is unknown to the mortgage lender you may still be able to request that possession is postponed by up to two months so you can find other accommodation.

You can ask the mortgage lender directly to delay possession of the property or you can make an application to the County Court.

If you think you are being harassed or threatened with illegal eviction, or the property you rent is being repossessed, you should speak to a legal adviser. You can start by contacting Community Legal Advice for free.

• Get help from Community Legal Advice Opens new window

• Find your local Citizens Advice Bureau office Opens new window

• Contact Shelter's housing advice helpline Opens new window

More useful links

• Finding somewhere to live

• Find out about help from the council for private tenants Opens new window

• Download harassment and illegal eviction guidance from Communities and Local Government (PDF, 371K) Opens new window

• Help with PDF files

• Tenancy forms - Communities and Local Government Opens new window

Useful contacts

• Home and community useful contacts

• A-Z of local councils

• Communities and Local Government Opens new window