Evicting a tenant is never an easy decision, but sometimes it becomes a necessary step to protect your property and income. Whether due to rent arrears, antisocial behaviour, or breaches of tenancy, it’s vital that landlords follow the correct legal procedures to ensure a smooth, compliant eviction process when evicting a tenant.
At West Country Bailiffs, we specialise in supporting landlords through every stage when evicting a tenant — from initial notice to final enforcement. In this guide, we’ll walk you through the key steps involved and answer some frequently asked questions.
Step-by-Step Guide to Evicting a Tenant
Step 1: Identify the Grounds for Eviction
There are two main legal routes to evict a tenant:
- Section 21 (No-Fault Eviction): You can use this route to regain possession of your property without giving a reason, provided you meet specific legal requirements. It’s typically used at the end of a fixed-term tenancy or during a periodic tenancy.
- Section 8 (Breach of Tenancy): This is used when the tenant has broken the terms of the tenancy agreement — such as rent arrears, damage to the property, or antisocial behaviour. You’ll need to specify the relevant grounds from the Housing Act 1988.
Note: The law around Section 21 is expected to change under the Renters Reform Bill, so it’s important to seek up-to-date advice.
Step 2: Serve the Correct Notice
Once the grounds are confirmed, you must serve the appropriate notice:
- Section 21 Notice: Currently requires a minimum of 2 months’ notice.
- Section 8 Notice: Usually 14 days’ notice (but depends on the grounds used).
Our legal team at West Country Bailiffs can draft and serve your notice professionally, ensuring all legal requirements are met to avoid delays or disputes to evicting a tenant.
Step 3: Apply for a Possession Order
If the tenant does not vacate the property after the notice period ends, you’ll need to apply to the County Court for a Possession Order.
- The court will review your case and may set a hearing date.
- If successful, you’ll receive a Possession Order giving the tenant a deadline (usually 14 days) to leave.
Our team can handle this application on your behalf and manage all court paperwork to ensure a smooth process.
Step 4: Enforce the Eviction (Warrant of Possession)
If the tenant still refuses to leave, the next step is to apply for a Warrant of Possession — authorising the use of bailiffs to carry out the eviction.
At West Country Bailiffs, we:
- Secure the earliest available bailiff eviction date
- Provide on-the-ground support during the eviction
- Ensure compliance with all legal and safety requirements
We also offe, locksmith coordination, and post-eviction securing of your property if needed.
Frequently Asked Questions (FAQs)
How long does it take to evict a tenant?
Depending on the grounds and the court’s caseload, it can take 12 to 25 weeks or more. Acting quickly and correctly from the start is key to minimising delays.
Can I evict my tenant without going to court?
Only if they leave voluntarily after being served notice. If they stay past the notice period, you must obtain a court order.
Can West Country Bailiffs help if I’ve already served notice?
Absolutely. Whether you’re at the beginning of the process or already have a possession order in place, we can step in to manage the rest.
What happens on the day of eviction?
Our bailiff team will attend the property, often with a locksmith and security support if required. We aim to carry out all evictions professionally, safely, and respectfully.
Let Us Take the Stress Off Your Shoulders
Evicting a tenant can be stressful, time-consuming, and full of legal pitfalls — but you don’t have to do it alone. At West Country Bailiffs, we provide a start-to-finish eviction service, ensuring your property is recovered legally and efficiently.
Whether you’re a private landlord, letting agent, or housing provider, we’re here to support you at every step. West Country Bailiffs have a specialists eviction support team comprised of paralegals, solicitors and bailiffs that assist with every stage of evicting a tenant. We cover Cornwall, Devon, Dorset, Somerset, Gloucestershire and Wiltshire and the Cotswolds.
📞 Contact us today to speak with one of our eviction specialists or book a consultation.
