For landlords seeking to regain possession of a rental property, following the correct legal process is critical. With differences in the rules between England and Wales, especially since the introduction of the Renting Homes (Wales) Act 2016, landlords must understand the appropriate steps based on where their property is located.
This guide outlines the key stages involved in evicting a tenant and highlights the legal obligations landlords must meet at each stage.
In England: Section 8 and Section 21 Notices
In England, the legal process is governed by the Housing Act 1988, with most landlords using either a Section 8 or Section 21 notice to start proceedings.
1. Serving the Notice
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A Section 8 notice is used where the tenant has breached the tenancy agreement, usually due to rent arrears, antisocial behaviour, or damage. The notice must clearly state the grounds relied on and comply with any evidential requirements if the case proceeds to court.
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A Section 21 notice allows a landlord to seek possession at the end of a fixed term or during a periodic tenancy without giving a reason. However, it is only valid if the landlord has met all relevant legal requirements.
One key requirement for both notices involves the tenancy deposit:
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For a Section 8 notice, if a deposit was taken, it must be protected in an approved deposit scheme, although failure to do so does not automatically invalidate the notice. However, it may affect the credibility of the landlord’s case.
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For a Section 21 notice, the deposit must be protected in an approved scheme, and the prescribed information must have been served. If not, the landlord must either protect the deposit properly or return it to the tenant in full before serving the notice.
In addition, landlords serving a Section 21 must have provided:
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A valid Energy Performance Certificate (EPC)
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A current Gas Safety Certificate
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The government’s ‘How to Rent’ guide
Failure to comply with any of these requirements will render a Section 21 notice invalid.
2. Possession Proceedings
If the tenant does not leave at the end of the notice period, the landlord must apply to the court for a possession order. There are two routes:
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The standard possession claim, used when the landlord is claiming rent arrears.
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The accelerated possession claim, available for Section 21 cases with no rent arrears, may proceed without a court hearing.
The landlord must provide supporting documentation, including a copy of the tenancy agreement, the notice served, and evidence of compliance with all legal obligations.
3. Enforcement
If the court grants possession and the tenant still does not vacate, the landlord must apply for a warrant of possession, which allows county court bailiffs to carry out the eviction. In some cases, landlords may apply for enforcement through the High Court, but this requires specific authorisation.
In Wales: Under the Renting Homes (Wales) Act 2016
Since December 2022, the Renting Homes (Wales) Act 2016 has replaced previous tenancy legislation. All rental agreements are now called occupation contracts, and processes have been standardised across the board.
1. Serving the Notice
There are two key types of notice under the Act:
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A notice for breach of contract is used when a tenant has failed to meet their responsibilities, such as failing to pay rent or breaching agreed terms. The length of the notice period depends on the nature of the breach.
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A Section 173 notice is used to end a periodic standard occupation contract without fault. The minimum notice period is six months, and the landlord must wait until at least six months after the tenant has moved in to serve it.
To serve a valid Section 173 notice, the landlord must demonstrate compliance with several legal requirements, including:
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Providing a written copy of the occupation contract
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Ensuring the property meets the Fitness for Human Habitation Standard, which includes providing a valid Electrical Condition Installation Report (ECIR)
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Holding a valid Gas Safety Certificate (if applicable)
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Protecting any deposit in an approved scheme and issuing the correct prescribed information
Failure to comply with these obligations may prevent a landlord from issuing a valid notice or delay possession proceedings.
2. Possession Proceedings
If the tenant does not vacate once the notice period expires, the landlord must apply to the court for a possession order. The process involves submitting the notice served, evidence of compliance with legal obligations, and details of the occupation contract.
3. Enforcement
As in England, enforcement of possession in Wales can only be carried out by court-appointed bailiffs. Landlords must not attempt to remove tenants themselves.
In summary
The process of regaining possession of a rental property is highly structured and requires close adherence to the law. The differences between England and Wales are significant, particularly in light of the recent legislative changes in Wales.
Landlords must ensure all documentation, deposit handling, and safety obligations are met before issuing a notice. Skipping any step, however minor it may seem, can result in delays, costs, or failed possession claims.
At Dudden Law, we help landlords across both England and Wales navigate the eviction process with confidence. Whether you’re unsure how to issue a compliant notice or need support with court proceedings, our experienced property team is ready to assist.
Get in touch today for tailored legal advice at every stage.
Written By
Robert Dudden
Founder/ Solicitor
