How Long Does an Eviction Process Take?

What does the typical eviction timeline look like?

The time it takes for the tenant eviction process to be completed depends on various factors, including the grounds for eviction, the legal notice served, the tenant’s cooperation and whether court intervention is necessary. Below is an overview of the typical timescales:

Section 21 notice

• You must provide at least two months’ notice for the tenant to vacate the property.
• If the tenant has not left by the no fault eviction date, you have four months from the expiry date to apply to the court for possession. After this period, the notice becomes invalid and must be reissued.
• If you apply for an accelerated possession order (when you are not claiming rent arrears), there is usually no hearing. This can be quicker than the standard process, taking around six to eight weeks in normal circumstances. However, court backlogs and staffing issues often cause delays.

Section 8 notice

• The notice period varies depending on the reason for eviction and can range from two weeks to two months. For example, breaches of the tenancy agreement such as serious unpaid rent arrears usually allow for a shorter notice period.
• If the tenant fails to leave by the date in the notice, you must apply to the court for a possession order.

Court process

• It can take several weeks or months to obtain a court order, depending on how busy the court is and whether a hearing is necessary.
• Hearings are generally listed between four and eight weeks after the court receives your claim.
• If the court grants a possession order, it will set out the date by which the tenant must vacate the property.

Warrant of possession

• If the tenant refuses to leave by the date in the possession order, you will need to apply for a warrant of possession to allow county court bailiffs to evict the tenant.
• This stage can take a few further weeks, depending on the availability of bailiffs and the workload of the court.
• A possession warrant is valid for 12 months from the day it is issued, although the court has the power to extend it.

It's worth noting that a periodic tenancy can be ended at any point after the first four months of the tenancy unless the tenancy agreement is breached. However, a fixed-term tenancy can only be ended mid-term if a tenant has breached the terms of their tenancy agreement or if there's a break clause or surrender agreement in place.

How should eviction notices be sent?

To avoid unnecessary delays, it is advisable to serve eviction notices carefully and keep clear records of how and when they were delivered. A practical approach is to prepare a signed, dated letter containing all the required information and send it to the property by recorded delivery. This method provides confirmation of postage and evidence of receipt.

It is also advisable to:

• Retain a copy of the notice and any covering letter for your records.
• Consider delivering a further copy of the notice by hand to the property, ideally with a witness present to confirm delivery.
• Keep a detailed record of the date and time of service, the method used and any tracking references provided by the postal service.

By following these steps, you will be able to demonstrate that you correctly commenced the eviction process and that the tenant received clear notice of your intention to recover possession. This can reduce the risk of delays or disputes later if the tenant claims not to have received the documentation.

Can landlords evict a tenant themselves?

No, landlords cannot evict a tenant themselves. Even if the tenant has failed to leave by the end of a notice period or by the date set out in a possession order, you must not attempt to enter the property, change the locks, remove the tenant, or interfere with their belongings.

Only certified court bailiffs or enforcement officers are authorised to carry out an eviction. If you take matters into your own hands, you risk committing an illegal eviction or harassment. This could expose you to serious consequences, including:

• The tenant bringing a civil claim against you for damages.
• The tenant applying to the court for an injunction to regain access to the property.
• Potential criminal prosecution, which may lead to a fine or, in serious cases, imprisonment.

If your tenant refuses to leave after a possession order is granted, you must apply for a warrant of possession. The court will then arrange for bailiffs to carry out the eviction in accordance with the proper procedure.

If you are concerned about a tenant’s refusal to vacate or need assistance preparing the correct applications, AST Assistance can advise you at each stage.

What preparation can landlords take?

Eviction proceedings can take considerable time to complete with the process potentially taking up to six months or, in some cases, longer. As a landlord, it is advisable to plan for the potential impact on your income and ensure you are financially prepared to manage any disruption.

You should:

• Be ready to absorb periods without rental revenue. Maintaining a reserve account to cover your mortgage payments, insurance and other property-related costs will help you meet your obligations while proceedings are ongoing.
• Keep clear records of any rent arrears, property damage or other breaches of the tenancy agreement. These records can be relied upon in court if you need to demonstrate the grounds for eviction or recover losses.
• Understand that while the court can order the tenant to pay court costs, including rent arrears, damage and the fees associated with a warrant of possession, you may not receive payment immediately. It is sensible to prepare for intermittent or prolonged financial losses until matters are concluded.

Where possible, it is preferable to avoid the need for eviction altogether. Investing time and care in selecting tenants can help prevent disputes later. Before entering into a tenancy agreement, carry out thorough referencing, credit checks and interviews to identify applicants who are likely to meet their obligations and treat the property responsibly.

If you would like advice on tenant selection, financial planning or the eviction process itself, AST Assistance can support you at each stage.

Find out how AST Assistance can help with evictions

In order to end a tenancy legally and efficiently, you should have a clear understanding of the correct steps to follow and your rights as a landlord. From preparing the appropriate notices to managing court proceedings, each stage must be handled carefully to protect your position and reduce the risk of costly disputes. AST Assistance can guide you through the eviction process, assist you with court applications and help you understand your entitlement to recover rent arrears or costs you are owed.

If you are facing the decision to evict your tenant, we are here to help. Contact our specialists at AST Assistance by telephoning our dedicated team on 01706 619954, emailing info@ast-assistance.com or completing our online contact form.