Ending a tenancy, harassment and illegal eviction and antisocial behaviour

What you need to do if you wish to legally evict a tenant.

Section 21 Notice requiring possession

  • prior to a notice being served tenants must have been given: a valid Energy Performance Certificate, a valid Gas Safety Certificate, prescribed information 'How to rent' booklet and the deposit is protected within a Government prescribed scheme
  • can only be served on assured shorthold tenants, after the first 4 months of the tenancy
  • minimum two months notice in writing
  • cannot expire inside the fixed term of a contract
  • guarantees the landlord possession of the property
  • the tenant(s) will have no defence to a Section 21 notice
  • the notice may be served on a tenant even if they have done nothing wrong
  • if a defective notice is served, a landlord will not be able to use it to obtain a court order for possession
  • if a tenant has made a complaint in writing regarding disrepair issues or if the local authority has served an improvement notice, this could invalidate a section 21 notice. 

An explanation of the steps the landlord will have to take to lawfully gain possession of the property and notice templates can be sourced from GOV.UK's evicting tenants page.

Section 8 Notice seeking possession

  • may be served on assured or assured shorthold tenants
  • can expire inside the fixed term of a contract
  • has to be served using a special form containing specific information
  • used if a tenant has breached one (or more) terms of the contract
  • notice period will depend on the reasons for possession being used
  • possession is not always guaranteed
  • if a defective notice is served, a landlord will not be able to use it to obtain a court order for possession

An explanation of the steps the landlord will have to take to lawfully gain possession of the property and notice templates can be sourced from the page above.

This information is only intended for guidance. You can seek further advice from Citizen's Advice, National Housing Advice Service, a solicitor, or contact us.

Harassment and illegal eviction

Harassment and illegal eviction are both criminal offences. If you are the victim of such actions, you can report it here.

Harassment

Harassment can include anything done by a landlord, their agent, or any other person acting on the owner's behalf, which deliberately unsettles a tenant’s home life in your accommodation.

Some examples might be:

  • changing the locks or removing the tenant’s belongings
  • constant telephone calls and/or text messages
  • cutting off or interfering with services
  • entering the home without the tenant’s permission
  • harassment because of the tenant’s age, race, gender or sexuality
  • sending in builders without notice or visiting at unsociable hours
  • stopping tenants from having visitors to stay
  • threatening the tenant if they refuse to leave the property
  • threats, abuse or actual violence
  •  

Illegal eviction

Illegal or unlawful eviction is when a landlord or someone acting on their behalf, unlawfully deprives a tenant of all or part of their home, or attempts to force tenants to leave without following the correct legal procedures.

Some examples might be:

  • changing the locks
  • moving into part of the home
  • physically throwing the tenants out
  • stopping tenants from using part of their home

Useful links

Below are links to websites that may be helpful to to both landlords and tenants:

Last updated: 11 May 2018 14:05:37