How long does it take to evict a tenant? Guide for landlords

Summary

Evicting a tenant isn’t always straightforward - landlords must follow strict legal procedures to avoid delays or legal issues. This guide breaks down the eviction process, including how long Section 8 and Section 21 evictions typically take, what can cause delays, and key things to keep in mind. In the UK, landlords primarily use two types of eviction notices to regain possession of their property. A qualified eviction solicitor can help guide which is the right option for you. Here’s a snapshot of how the two main types of eviction differ: 1. Section 21 Notice: Often referred to as a 'no-fault' eviction, a Section 21 notice allows landlords to repossess their property at the end of a fixed-term tenancy or during a periodic tenancy without providing a specific reason. 2. Section 8 Notice: A Section 8 notice is used when a tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing damage to the property. The duration of a Section 8 eviction can vary depending on the grounds for eviction and the tenant's response. On average, the process can take between three to six months. 1. Serving the Section 8 notice: The landlord serves a Section 8 notice.

Key information

• From claim to order: Now takes an average of 8.1 weeks, up from 7.6 weeks in the same period the previous year.
• From claim to warrant: Now takes 14.1 weeks, compared to 13.7 weeks in 2023.
• From claim to repossession: The biggest increase - now at 25.4 weeks, up from 22.1 weeks last year.
• Tenant's defence: If a tenant contests the eviction, it can lead to additional hearings and extended timelines. The tenant may argue against the grounds of eviction. Tenants may claim housing disrepair, or provide evidence of unlawful landlord practices, all of which can slow down proceedings.
• Court backlogs: High volumes of cases can delay court proceedings and hearings. Courts often have long waiting lists, particularly in high-demand areas, meaning possession orders may take longer than expected.
• Incorrect documentation: Errors in the eviction notice or missing documents can result in delays or dismissal of the case. Landlords must ensure they follow all legal requirements. Landlords must protect the tenant’s deposit and serve the appropriate paperwork.
• Tenant appeals: Even after a possession order is granted, tenants can appeal the decision or apply for a delay on the basis of financial hardship, disability, or exceptional circumstances. This can significantly lengthen the process.
• Bailiff availability: Limited availability of bailiffs can delay the enforcement of possession orders. Bailiffs are often in high demand, and waiting times for enforcement can range from a few weeks to several months in some cases.
• Exceptional circumstances: Unexpected external factors, such as severe weather conditions, national lockdowns, or local authority interventions, can delay enforcement actions.
• Evicting a tenant isn’t always straightforward - landlords must follow strict legal procedures to avoid delays or legal issues. This guide breaks down the eviction process, including how long Section 8 and Section 21 evictions typically take, what can cause delays, and key things to keep in mind.
• In the UK, landlords primarily use two types of eviction notices to regain possession of their property. A qualified eviction solicitor can help guide which is the right option for you. Here’s a snapshot of how the two main types of eviction differ:
• 1. Section 21 Notice: Often referred to as a 'no-fault' eviction, a Section 21 notice allows landlords to repossess their property at the end of a fixed-term tenancy or during a periodic tenancy without providing a specific reason. 2. Section 8 Notice: A Section 8 notice is used when a tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing damage to the property.

Practical guidance

• Source: How long does it take to evict a tenant? Guide for landlords

Related topics

More in this area

• Evicting a residential tenant
• Notice seeking possession: Your complete guide
• Who pays the court costs for an eviction in the UK?
• Ask the council to check if your rented home needs repairs
• How long does a possession order take?