Reasons a Landlord Can Evict a Tenant
Read our in depth guide of reasons why a landlord can evict a tenant including tips on the legalities and insurance.
Evicting a tenant is never an easy decision, and for many landlords, it is often a last resort. However, there are situations where it becomes necessary to protect the property, ensure payments are made, or maintain a peaceful living environment for other tenants or neighbours.
In the UK, landlords must adhere to strict legal procedures when evicting a tenant to ensure fairness and compliance with the law. This guide explores the reasons landlords can evict tenants, the steps involved in doing so legally, and the role of landlord insurance in safeguarding against risks during this process.
Common Reasons for Eviction
- Non-Payment of Rent
Non-payment of rent is one of the most frequent reasons for eviction. Landlords rely on rent as a key source of income, and missed payments can have a significant financial impact. In these situations, landlords can issue a Section 8 notice under the Housing Act 1988. This notice allows eviction if the tenant owes a certain amount of rent, typically two months or more for assured shorthold tenancies (ASTs).
- Consistently Late Rent Payments
While occasional late payments might be manageable, repeated lateness can disrupt a landlord’s financial planning. It’s important to address this issue promptly, usually through open communication or a written warning. If the tenant’s late payments become habitual and unresolved, eviction might be necessary to secure a reliable rental income.
- Breach of Tenancy Agreement
Tenancy agreements are legally binding contracts outlining the responsibilities and expectations of both parties. A breach of these terms—such as unauthorised sub-letting, keeping pets when not permitted, or failing to maintain the property—can lead to eviction. Breaches must be clearly documented to support the landlord’s case if the matter escalates to court.
- Property Damage
While some wear and tear is expected during a tenancy, serious damage to the property may justify eviction. Examples include broken fixtures, vandalised walls or damage caused by negligence. Such cases are typically addressed using a Section 8 notice, particularly if the damage affect the landlord’s ability to re-let the property or poses a safety risk.
- Anti-Social Behaviour or Illegal Activity
Tenants who engage in anti-social behaviour or illegal activities can cause distress for neighbours, disrupt the community, and tarnish the property’s reputation. Anti-social behaviour may include excessive noise, harassment, or disruptive gatherings. Landlords can take action if they receive complaints or witness these behaviours, especially if they violate the tenancy agreement.
- End of Tenancy Term
Not all evictions occur due to disputes. Landlords may wish to regain possession of their property once a fixed-term tenancy has ended. In such cases, a Section 21 notice—commonly referred to as a "no fault" eviction—is used. This notice does not require the landlord to provide a specific reason, but it is subject to strict rules, including ensuring the tenancy deposit is protected and providing tenants with necessary documentation, such as a valid Gas Safety Certificate and How to Rent guide.
- Landlord’s Need to Sell or Reoccupy the Property
A landlord may decide to sell their property or move back into it for personal reasons. This scenario also typically involves a Section 21 notice, provided the fixed term has ended or the tenancy is periodic. However, landlords must give tenants sufficient notice, usually at least two months.
Legal Steps to Evict a Tenant
Landlords in the UK must follow a structured and transparent eviction process to avoid legal complications. Skipping steps or acting unlawfully—such as attempting to evict a tenant without a court order—can lead to serious penalties.
- Issue a Valid Notice
- Depending on the reason for eviction, landlords must issue either a Section 8 or Section 21 notice. Each has specific rules and conditions:
- Section 8: Requires grounds for eviction, such as rent arrears, property damage or anti-social behaviour.
- Section 21: Used to regain possession at the end of a tenancy without fault but subject to compliance with legal prerequisites. Read our Section 21 guide here.
- Depending on the reason for eviction, landlords must issue either a Section 8 or Section 21 notice. Each has specific rules and conditions:
- Wait for the Notice Period to Expire
Tenants must be given adequate time to address issues or vacate the property. Notice periods vary based on the grounds for eviction and tenancy type.
- Apply for a Possession Order
If the tenant does not leave after the notice period, the landlord must apply to the court for a possession order. This involves submitting evidence, such as rent arrears records or proof of damage.
- Enforce the Eviction
If the tenant still refuses to leave, landlords can request bailiff enforcement. Only court-appointed bailiffs can remove tenants from the property.
The Role of Landlord Insurance During Evictions
Landlord insurance is not a legal requirement, but it provides a safety net for landlords facing eviction scenarios. Unlike standard home insurance, landlord insurance is tailored to cover risks associated with letting properties, including:
- Loss of Rent Cover
If tenants fail to pay rent, some landlord insurance policies cover the shortfall until the property is re-let. This can be a lifeline during prolonged eviction procedures.
- Legal Expenses Cover
Evictions can incur significant legal costs, from filing court documents to hiring solicitors. Many landlord insurance policies include legal expenses cover, which helps with these costs and ensures landlords can pursue eviction without financial strain.
- Malicious Damage Cover
If tenants cause deliberate damage to the property, this type of cover can help with repair costs, reducing the financial burden on landlords.
- Public Liability Cover
Landlord insurance also typically includes public liability cover, which protects against claims if tenants or visitors are injured on the property. This is particularly useful if disputes arise during or after an eviction.
Maintaining Positive Landlord-Tenant Relationships
While eviction is sometimes unavoidable, landlords can minimise conflicts by fostering clear communication and managing expectations. Regular check-ins, looking after mould issues, timely maintenance, and fair enforcement of tenancy terms can go a long way in preventing disputes.
However, when eviction becomes necessary, landlords should always act legally and professionally. Using the proper processes and having landlord insurance in place ensures landlords are prepared for challenges while protecting their investment.
