What is the fastest you can evict a tenant?

Eviction notice period

The timeframe for evicting a tenant depends on the legal grounds for possession as set out in Housing Act 1988 (as amended). These grounds for serving notice are set out in legislation and are designed to balance your right to recover your property with the tenant’s right to receive reasonable notice.

If your tenant has breached the terms of their tenancy agreement - such as falling into rent arrears, causing damage to the property, or engaging in anti-social behaviour – you may serve a Section 8 notice. In these situations, the minimum notice period is two weeks, although the exact length of notice can vary depending on the reason cited and the seriousness of the breach such as how much unpaid rent is owed.

Where no breach has occurred and you simply wish to regain possession, you cannot rely on Section 8. Instead, you must serve a Section 21 notice, also referred to as a no-fault eviction, although this can only be used to end an assured shorthold tenancy. Serving a section 21 notice requires you to give at least two months’ notice and is commonly used to recover possession at the end of a fixed term or during a periodic tenancy.

Both Section 8 and Section 21 notices have strict legal requirements, and any mistakes can lead to delays or the court refusing to grant possession. When sending written notice of eviction, it's advisable to keep a copy and send the notice to your tenant via recorded delivery. This will help to prove

What to do if your tenant won't move out?

Possession orders

If your tenant does not leave by the specified date in your eviction notice, you will need to apply to the court for a possession order. Once the application has been submitted, the court will set a hearing date to review your case and decide whether you are entitled to regain possession of the property.

The time it takes to secure a possession order can vary from a few weeks to several months, depending on how busy the courts are. If granted, the order will state the date by which your tenant must leave, which is usually between 14 and 28 days after the court hearing.

You may choose to apply for an accelerated possession order by paying additional fees. This process does not usually require a hearing unless the judge decides it is necessary. The accelerated procedure is generally quicker, with timescales typically between six and ten weeks.

Warrant of possession

If your tenant still refuses to leave after the date specified in the possession order, you will need to apply for a warrant of possession from the county court. This authorises court-appointed bailiffs to attend the property and remove the tenant along with their belongings. Only bailiffs have the legal authority to enforce this step.

You must not attempt to remove the tenant yourself, change the locks, or interfere with the tenant's belongings without a court order. Taking such action could leave you open to legal claims, including allegations of unlawful eviction or harassment. By following the court process, you are protected under the law and avoid the risk of penalties or further disputes.

Can you evict tenants if you didn't protect their deposit?

As a landlord, you have a legal duty to protect your tenant’s deposit in one of the three government-approved tenancy deposit protection schemes in England and Wales: MyDeposits, the Deposit Protection Service, or the Tenancy Deposit Scheme. You must also provide your tenant with the prescribed information including the information relating to the chosen scheme, gas safety certificate and How to Rent Guide within 30 days of receiving the deposit.

If you fail to protect the deposit correctly or do not supply the prescribed information within the required timeframe, any eviction notice you serve will be invalid. This means your tenant will be legally entitled to remain in the property until the deposit issue is resolved. In addition, your tenant may pursue a claim through the courts for compensation of up to three times the value of the original deposit for each breach of the deposit protection rules.

Until the deposit is protected and any claims settled, you will be unable to rely on a valid Section 21 notice to regain possession of your property. This can cause delays in recovering your property and lead to substantial financial penalties.

For deposits where the rental period started before 6th April 2007 where tenants never had a fixed term tenancy or the fixed term ended before that date, you do not need to protect deposits. However, if you want to serve a section 21 notice you must return the deposit first.

How AST Assistance can help with assured tenancy evictions and disputes

At AST Assistance, we support landlords through the full eviction process, providing clear advice and practical solutions to help you recover your property quickly and lawfully. Our team can assist with serving valid notices, applying for possession orders, and handling court proceedings. We also advise on landlord–tenant disputes and recovering rent arrears, giving you the guidance you need to resolve issues effectively. With our expertise, you can act with confidence and minimise delays in regaining control of your property.

Speak to our team today by calling 01706 619954, emailing info@ast-assistance.com, or completing our contact form.