How to legally get your property back

Most tenancies run smoothly, and the majority end simply because a tenant has chosen to move on. But there are times when, for one reason or another, you need your property back – whether that’s due to rent arrears, a breach of the tenancy agreement, or a personal decision to sell or move in. Whatever your situation, there is a clear legal process you must follow. Getting it wrong can set you back months, so it’s worth understanding exactly what’s involved from the outset.

Note: The following applies to England only.

Section 8 – When Your Tenant Has Breached Their Agreement

If your tenant has broken the terms of their tenancy – most commonly through rent arrears or antisocial behaviour – you can serve a Section 8 notice. This can be issued at any point during the tenancy, including within a fixed term, but you must clearly state the legal ground (or grounds) on which you’re relying.

There are 17 grounds in total, split into two categories:

Mandatory grounds require the court to grant possession. Rent arrears exceeding two months (for monthly payments) falls into this category, meaning a judge has no discretion – if the arrears are proven, possession must be granted.

Discretionary grounds give the court flexibility. The judge will consider whether it’s reasonable to grant possession in the circumstances. Most other breaches – including damage to the property or persistent late payment – fall here.

The notice period varies depending on the ground, but in most cases where a tenant has breached their agreement, it is two weeks. In serious cases – such as criminal activity or severe nuisance – it may be possible to proceed without any notice period at all.

Section 21 – Reclaiming Your Property Without Fault

A Section 21 notice allows you to end a tenancy without needing to cite a specific reason, as long as you give the tenant at least two months’ notice. It cannot be served within the first six months of a tenancy or during an initial fixed term, but once those periods have passed, it’s a straightforward route to regaining possession.

Important: Legislation is currently progressing through Parliament that is expected to abolish Section 21 ‘no fault’ evictions. While Section 21 remains valid at the time of writing, landlords are strongly advised to seek up-to-date guidance before serving this notice, as the rules may change.

One practical point worth noting: if a tenant has indicated they plan to leave at the end of a fixed term, don’t rely on that verbal agreement. Serve a Section 21 at least two months before the tenancy end date. If they change their mind, you’ll be in a far stronger legal position. Without a valid Section 21 already in place, you’d face an additional two-month wait – and in the meantime, the tenancy continues on a rolling periodic basis.

What Could Prevent You From Serving Notice?

Even when you have a legitimate reason for eviction, certain oversights could invalidate your notice and delay the process significantly.

The two most common pitfalls are:

Missing prescribed information: At the start of every tenancy, landlords are required to provide tenants with a valid Energy Performance Certificate (EPC), a current Gas Safety certificate (renewed annually), the government’s most recent ‘How to Rent’ guide, and the relevant tenancy deposit protection documentation. If any of these were not provided, a Section 21 notice cannot legally stand.

Outstanding repair complaints: If your tenant has made a written complaint about the property’s condition and you failed to respond within 14 days and arrange the necessary work, they can escalate the matter to the local authority. If an improvement notice or emergency remedial action notice is then issued, you are legally prevented from using a Section 21 for a further six months.

Other factors, such as a tenant receiving temporary protection under the Debt Respite Scheme, can also create barriers to eviction. If you’re unsure of your position, speak to your letting agent or a specialist before taking any action.

Going to Court for Possession

If a tenant refuses to leave after a valid notice has expired, the next step is a court application. The route you take will depend on your situation:

Accelerated possession order: Available when you’ve used a Section 21 and aren’t claiming rent arrears. This typically doesn’t require a hearing and is generally quicker.

Standard possession order: Used in all other cases, including Section 8 evictions. A judge will either grant the order on the paperwork alone or schedule a hearing, which can extend the timeline depending on court availability.

Throughout this process, landlords must continue to meet their legal obligations. You cannot refuse to carry out repairs, enter the property without permission, remove the tenant’s belongings, cut off utilities, change the locks, or make threats of any kind. Doing so constitutes illegal eviction and could result in a criminal charge.

If a possession order is granted and the tenant still refuses to leave, you can apply to the court for a warrant for possession. This gives the tenant a final date to vacate, after which a court-appointed bailiff can carry out the eviction.

The Local Picture

Landlords across Chester, Cheshire, North Wales and the Wirral are navigating a period of significant change in the private rented sector. Proposed legislative reforms, rising repair obligations and increasing tenant protections mean that staying on top of the legal process has never been more important. Having a knowledgeable letting agent by your side – one who understands both the local market and current landlord legislation – can make a real difference if you ever find yourself in this situation.

Need Advice? We’re Here to Help

Evictions are rarely straightforward, and even a small procedural error can result in delays, dismissed cases or additional costs. Whether you’re at the early stages of considering your options or you’ve already reached a point where you need to act, we’re here to help.

Get in touch with the Currans Homes team for straightforward, practical advice. Call us on 01244 316338 or email lettings@curranshomes.co.uk and we’ll talk you through your options.