What are the legal grounds for evicting a tenant?

Whilst landlords cannot and should not taking evicting tenants lightly, situations do sometimes arise that make it the best course of action.

To evict a tenant legally, you will need to have legal grounds for doing so, it is not something that can be done on a whim.

The correct legal grounds to evict a tenant are to servce a Section 8 notice. The type of notice suitable will depend on the type of tenancy and the grounds for eviction.

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Important Update: Section 21 has been abolished

The Renters’ Rights Act 2025 abolished Section 21 no-fault evictions in England. From 26 May 2025, landlords can no longer serve a Section 21 notice to end a residential tenancy without providing a legal reason. This applies to all tenancies, both new and existing. Landlords who previously relied on Section 21 to regain possession at the end of a fixed term or during a periodic tenancy must now use Section 8, which has been updated with expanded grounds to cover situations including the landlord wishing to sell the property or move in themselves. For full details of the current legislation, see the Renters’ Rights Act 2025 on legislation.gov.uk.

Legal grounds for evicting a tenant

Some of the legal grounds for evicting a tenant from a property include:

1. The need for major repairs or development to the property: This could involve structural issues such as a leaking roof, problems with plumbing or electrical systems, or the need for significant renovations to bring the property up to a safe and habitable standard.
2. Landlord needs to live in the property: In certain circumstances, landlords may need to regain possession of their property for personal use, such as if they are relocating for work, downsizing, or have family circumstances requiring them to move into the property themselves.
3. Property or its contents have been damaged by tenant: This could range from minor damages like stained carpets or broken fixtures to more severe destruction of property, such as holes in walls or extensive vandalism, resulting in the need for repairs or replacements.
4. Property has been allowed to fall into disrepair: Failure to maintain the property in a reasonable condition as outlined in the tenancy agreement, leading to issues such as overgrown gardens, mould growth, or other health and safety hazards.
5. Tenancy was offered due to employment by landlord and employment ends: If the tenant was provided accommodation as part of their employment contract with the landlord, the termination of employment may necessitate the termination of the tenancy agreement.
6. The property is being repossessed from the landlord: This could occur due to financial difficulties faced by the landlord, resulting in the property being repossessed by creditors or the mortgage lender, leading to the termination of the tenancy.
7. Rent arrears: Failure of the tenant to pay rent as per the agreed terms, leading to accumulating arrears over time.
8. Consistently late paying rent: While rent arrears refer to the total amount owed, consistently late payment refers to a pattern of tardiness in paying rent, which can still disrupt the landlord’s finances and cause inconvenience.
9. Anti-social behaviour: This includes any behaviour by the tenant that disturbs the peace and quiet enjoyment of neighbours or other tenants, such as excessive noise, harassment, or criminal activity.
10. False information given when signing lease agreement: If a tenant provides misleading or false information during the signing of the tenancy agreement, such as misrepresenting their employment status or financial situation, it could lead to grounds for termination of the agreement due to breach of contract.

Even if there are legal grounds for evicting a tenant, it’s important to follow the proper procedures for doing so.

Mike Clarke

Head of Enforcement
Clearway

Mike Clarke

Landlords must have legitimate legal grounds before serving notice and the specific notice type depends entirely on the grounds and tenancy agreement in place.

The two types of legal grounds for eviction explained

In the UK, landlords can only evict tenants using a Section 8 notice. The grounds for eviction under each process differ:

1. What is a Section 8 Notice? This is used when a tenant has breached the terms of their tenancy agreement. Grounds for eviction under Section 8 include:
   • Rent arrears: If the tenant has fallen behind on rent payments.
   • Breach of tenancy agreement: This could include subletting without permission, causing damage to the property, or engaging in anti-social behaviour.
   • Persistent late payment of rent: Consistently paying rent late can also be grounds for eviction.
   • Landlord’s intention to sell the property or move in: If the landlord needs to sell the property or move in themselves, they can use this ground with proper notice.
   • Some grounds require the landlord to serve a specific notice period, and in some cases, the tenant may have the opportunity to rectify the breach before eviction proceedings continue.

What is the process of evicting a commercial tenant?

We’ve written a full article on commercial eviction here so you can read more about the process for evictions. In summary, you’ll need to:

1. Review the lease agreement: This initial step is crucial for understanding the parameters of the eviction process. Review the lease terms to grasp the rights and responsibilities of both parties, including provisions related to eviction or termination.
2. Communicate with the tenant: Engage in discussions with the tenant to address the underlying issue necessitating the eviction, such as rent arrears or lease violations. Attempt to resolve the issue through negotiation or mediation.
3. Serve a notice: If direct resolution efforts fail, formally serve a notice to the tenant outlining the reasons for eviction. The type of notice required depends on the circumstances, such as a Section 146 Notice for non-payment of rent or a statutory demand.
4. Consider Peaceable re-entry or Court proceedings: If feasible, you may consider re-entering the property and changing the locks. However, if this isn’t viable and the tenant fails to vacate or address issues outlined in the eviction notice, court intervention may be necessary. Apply to the court for a possession order, which will be granted if justified.
5. Enforcement: Upon receiving a possession order from the court, seek assistance from bailiffs or enforcement officers to physically remove the tenant from the premises if required. This step ensures compliance with the court’s decision.

If a landlord fails to follow proper procedures, they can be prosecuted. This includes unlawful evictions, if their actions interfere with a tenant’s peace and comfort, or if they stop services required to occupy the property.

If you require legal help or advice with evicting a problem tenant from your property, speak to our team of experts on 0800 002 9049.

Written by Mike Clarke

Commercial Enforcement Director

View Mike’s LinkedIn profile More articles by Mike

Mike is an experienced commercial enforcement director and former Head of Credit Control, with responsibility for managing circa 5,000 commercial tenants. With over 25 years in the industry, he has built a strong reputation for his detailed knowledge of enforcement processes, statutory requirements, and the legal and operational complexities involved in recovering debt and resolving challenging cases across the sector.

Having worked through a wide range of enforcement scenarios over the course of his career, Mike is widely regarded as the go-to person for technical matters, legislative interpretation, and practical problem-solving. His experience covers the management of complex commercial cases, debt recovery strategy, compliance-led enforcement activity, and the application of relevant regulations and procedure within the enforcement environment.

As a certified Enforcement Agent and Head of Enforcement at Clearway, Mike leads the department with a hands-on, open-door approach, ensuring high professional standards, operational consistency, and a strong focus on compliance, service delivery, and client outcomes. He also takes great pride in coaching, training, and mentoring his teams, helping them develop their technical knowledge, confidence, and long-term careers within the enforcement industry at Clearway.