Note that housing law in Wales has changed with effect from 1 December 2022. Find out more on our New Wales PageNote that all or some the law discussed here is due to change when the Renters Rights Act comes into force. The date for this is currently unknown. This note will be amended when we know more. See also our Renters Rights Act Information page.
Tessa’s Ten Top Tips Landlords on Evicting Tenants
- You need to take care to use the correct and most appropriate eviction procedure for your situation. Our FREE Which Possession Proceedings Guide will help.
- You will only be entitled to bring court proceedings to evict your tenant (or Welsh contract holder) if you have served the proper possession notice first and waited until the notice period has expired. (There are a few exceptions but these are rare).
- Note that it is a criminal offence to evict any residential occupier (save for a few exceptions such as lodgers) other than by obtaining a court order for possession in the County Court, and then (if the occupier still fails to vacate) by using the County Court bailiffs. Even asking them to leave if you have not followed the proper procedure can be considered harassment.
- If you are looking to evict your tenant/contract holder because of rent arrears, consider whether there is an alternative first. The Landlord Law Rent Arrears Action Plan has some suggestions. Or take a look at our article Helping Tenants in Arrears of Rent (which could help you get paid!).
- It is important that possession notices are correctly drafted and the correct notice period is given. Otherwise, they could be invalid and you could lose your possession claim at court.
- You need to be able to prove to the court that your notice has been served. Keep a copy and serve by hand. If you think the tenant/contract holder will deny receiving the notice, take an independent witness with you.
- Prior to the commencement of the Renters Rights Act 2025, the quickest and cheapest way to evict tenants/contract holders is by using the ‘accelerated’ procedure, which is based on a previously served section 21 notice (which must give at least 2 months’ notice and which cannot expire before the end of the fixed term) or a Welsh no-fault eviction notice. In accelerated proceedings, the Judge makes the order on the paperwork provided, and there is normally no court hearing. However, despite being called ‘accelerated’ it is not particularly quick.
- If you wish to evict because of your tenant or contract holders’ bad behaviour, then after the commencement of the Renters Rights Act, your best course of action is to seek mediation. If the tenants fail to engage, this will help your claim for possession.
- If your tenant/contract holder is looking to be re-housed by the local authority, note that they will not normally do this until a possession order has been made, and sometimes not until a bailiff appointment has been made.
- Depriving someone of their home is a very serious matter, so Judges will expect landlords to follow the proper procedure, have perfect paperwork, and are generally unforgiving if mistakes are made. Note that if a landlord loses his claim, he may be ordered to pay his tenant/contract holders’ legal costs. This could prove very expensive if they had legal aid. So be VERY CAREFUL. It is recommended that landlords use specialist solicitors for this work.
Further Resources:
- We have a free Which Possession Proceedings Guide
- There are several member only videos on topics such as section 21 and possession hearings
- We have a very detailed eviction guide which gives step by step guidance on evicting tenants correctly without using solicitors. This is available to Business Level members only
- Find out more about our Eviction Services here.
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