How does the tenant eviction process work?

At Burys Solicitors, we know that every eviction case is different – and that even a small mistake can cause costly delays. Our role is to take the entire process off your hands, ensuring each step is handled correctly and efficiently, while protecting your legal position.

Here’s how we help at each stage:

1. Initial case review – We assess your tenancy documents and the circumstances of your case to identify the best route forward. This ensures the process starts on the strongest possible footing and avoids the common pitfalls that can invalidate a notice.
2. Preparation and service of the notice – We draft and serve the correct legal notice on your tenant, making sure it complies fully with legal requirements so it cannot be challenged on technicalities.
3. Court proceedings where needed – If your tenant refuses to leave, we prepare your claim and represent you in court. Our expertise helps to counter common defences and tactics used by tenants to delay the process, such as alleging housing disrepair or deposit irregularities.
4. Enforcing the possession order – If necessary, we arrange for bailiffs to attend and recover possession of your property as quickly as possible, coordinating with locksmiths where appropriate.

Throughout the process, we handle all legal requirements, paperwork and communications, so you can focus on your property rather than the stress of eviction proceedings.

What are the grounds for evicting a tenant?

There are currently two routes to evict your tenant and regain possession of your property.

Section 8

Under the Section 8 process there are different grounds which can be used to evict your tenant. The most common is that the tenant is significant rental arrears (Ground 8), however other grounds include anti-social behaviour (Ground 7A) and the intention for the landlord to move back into the property to reside in (Ground 2).

Select grounds are mandatory and so, if established, the Court must make a possession order in the landlord’s favour. Whereas other grounds are discretionary where the Court will consider all factors and circumstances of the individuals involved.

Section 21

The Section 21 is commonly referred to as the “non-fault” route and is shortly due to be abolished by the Government.

It is referred to as “non-fault” because a landlord does not need any reason to use this process, simply that you wish to regain possession of the property.

To use this process, the landlord must be able to prove that they have complied with all duties and obligations throughout the entire course of the tenancy. An example being that the tenant was supplied with a copy of the How to Rent guide, ideally at the start of the tenancy.

What documents are required for tenant eviction?

At the start of the process, we ask the landlord to supply various documents; for example:

• Copies of all signed tenancy agreements
• Any rent increase notice(s)
• Each annual gas safety certificate starting from the start of the tenancy to date
• Deposit protection certificate
• Rent statement (if pursuing rental arrears)
• Maintenance / disrepair log
• The specific documents needed to assess the property will depend on the unique circumstances. In general, the more information and documents that can be supplied to our legal team, the better understanding we will have of your claim.