Specialist eviction service for residential landlords
If you are a residential private landlord and need to regain possession of your property, specialist legal advice is now more important than ever. Tenant eviction is a technical, highly regulated process, and mistakes can delay possession for months or even invalidate a claim entirely. Our tenant eviction lawyers act exclusively for landlords in residential repossession disputes. We have two dedicated property dispute lawyers whose practice is focused on landlord and tenant litigation, including possession claims, rent arrears, and disputed evictions.
While we have offices in Salisbury, Amesbury, Andover, and Fordingbridge, we act for landlords nationwide and regularly handle possession proceedings across England.
This page deals exclusively with residential tenant eviction. Click to read more about how our lawyers can help you with business tenancies including Commercial Lease Forfeiture and Commercial Lease Rent Arrears.
For FREE Initial Phone Advice For Landlords on Evicting Tenants, call our Lawyers on FREEPHONE 0800 1404544 now.
At Bonallack & Bishop, our tenant eviction lawyers act for landlords. Our advice is always focused on protecting your position, recovering your property, and minimising delay and financial loss.
We act for:
- Private landlords
- Portfolio landlords
- Property investors
- Freeholders
- Managing and letting agents
From our offices in Salisbury, Andover, Amesbury and Fordingbridge, we act for landlords across England and Wales.
Eviction law has changed fundamentally
The Renters’ Reform Act 2025 has transformed the eviction landscape.
The most important change is clear:
Landlords can no longer recover possession without proving a legal ground.
Section 21 “no-fault” evictions have been abolished.
If a landlord wants possession, then:
- A valid statutory ground must be identified
- The correct notice must be served
- Evidence must be provided to the court
If any part of that process is wrong, then the court will refuse possession. However, it is actually more serious than that, under Section 15 of Renters Rights Act the landlord could be guilty of an offence if merely being reckless in relying on a ground for possession which has no basis. As such, it is important that Landlords seek legal advice to ensure that the ground they are relying upon is genuine and has a basis of claim for possession because, according to the Act, you would be guilty of an offence even if they left before the matter went to a possession claim by putting the wrong ground on the notice.
According to landlord eviction solicitors at Bonallack & Bishop:
Possession claims now succeed or fail on evidence, compliance and procedure—not simply timing.
How hard is it to evict a tenant now?
Eviction is now more complex than under the previous system.
In practical terms:
- Cases take longer
- Courts require stronger evidence
- Procedural mistakes are more likely to result in failure
If a landlord prepares properly and takes early advice, then possession is achievable.
If a landlord delays or relies on outdated processes, then possession may be delayed by months or fail entirely. It could even now result in a criminal offence under Section 15 Renters Rights Act 2025.
The legal process – how eviction works now
Eviction follows a structured legal process.
Step 1 – Identify the correct legal ground
A landlord must rely on a statutory ground for possession, such as:
- Rent arrears
- Anti-social behaviour
- Breach of tenancy
- Intention to sell or occupy
If the wrong ground is used, then the claim will fail and/or an offence may have been committed.
Step 2 – Serve a valid notice
The notice must:
- Cite the correct legal ground
- Be in the correct form
- Be served correctly
If a notice is invalid, then the process must start again and an offence may have been incurred.
Step 3 – Issue a possession claim
If the tenant does not leave, the landlord must apply to the County Court.
The court will consider:
- Whether the legal ground is proven
- Whether procedure has been followed
- Whether evidence is sufficient
Step 4 – Possession order and enforcement
If the court grants possession:
- A possession order will be made
- If the tenant still does not leave, bailiffs may be instructed
A landlord cannot lawfully evict a tenant without a court order.
Evicting a tenant for rent arrears
Rent arrears remain the most common reason for eviction.
If a tenant falls into arrears, then:
- The landlord may rely on statutory rent arrears grounds
- Evidence of arrears must be produced
- The court will assess whether the threshold is met
If arrears are not properly documented, then possession may be refused.
Solicitors at Bonallack & Bishop regularly advise landlords:
If rent arrears reach the statutory threshold and are evidenced correctly, the court may be required to grant possession.
However, delays can weaken a case.
If a landlord allows arrears to fluctuate below required levels, then a mandatory ground may no longer apply.
Evicting a tenant for anti-social behaviour
Anti-social behaviour is taken seriously by the courts.
If a tenant causes nuisance or distress, then:
- A landlord may rely on specific statutory grounds
- Evidence such as complaints, witness statements and reports will be required
If evidence is weak or inconsistent, then the claim may fail.
Early evidence gathering is critical.
Evicting a tenant to sell the property
The new regime allows possession in certain circumstances where a landlord intends to sell.
If a landlord genuinely intends to sell, then:
- The appropriate ground must be used
- Evidence of intention may be required
- Restrictions may apply to prevent misuse
If the court is not satisfied that the intention is genuine, then possession may be refused. Additionally, you may also be found guilty of an offence of recklessly relying on a ground for possession which was not possible.
Evicting a tenant for the landlord’s own or close family member’s own use
A landlord may seek possession if they intend to occupy the property themselves or a qualifying family member.
If this ground is used, then:
- The landlord must demonstrate genuine intention
- Evidence may be required
- Restrictions may apply after possession is obtained
If the court believes the ground is being misused, then the claim may fail and you may subsequently be found guilty of an offence.
Evicting a tenant who refuses to leave
If a tenant does not leave after notice expires, then:
- The landlord must apply to court
- Self-help eviction is unlawful
If a landlord attempts to remove a tenant without a court order, then:
- They may face financial penalties
- They may commit a criminal offence
Section 8 possession claims – the primary route
Following the abolition of Section 21, possession is now primarily based on statutory grounds under the Housing Act 1988 (as amended).
These include:
- Mandatory grounds (where the court must grant possession if proven)
- Discretionary grounds (where the court decides based on fairness)
If a mandatory ground is satisfied, then the court is generally required to grant possession.
If only discretionary grounds apply, then the outcome is less certain.
Defended and complex eviction cases
Many eviction cases are now defended.
Tenants may raise:
- Procedural defects
- Disrepair allegations
- Equality Act arguments
- Counterclaims
If a case is defended, then preparation becomes critical.
Our eviction lawyers regularly act in:
- Contested possession hearings
- Cases involving counterclaims
- Situations where earlier advice or notices were incorrect.
How long does eviction take?
Timescales vary depending on the circumstances.
Typical stages include:
- Notice period
- Court proceedings
- Enforcement if required
If a case is straightforward and undefended, then it may proceed relatively quickly.
If a case is defended or complex, then it may take several months or longer.
According to solicitors at Bonallack & Bishop:
The most common cause of delay is procedural error or lack of proper evidence.
Evicting a tenant not on the tenancy agreement
Situations sometimes arise where a person occupies the property but is not named on the tenancy.
If the occupier derives their right from the tenant, then:
- Action may still need to be taken against the tenant
- The occupier’s status must be assessed
If the situation is handled incorrectly, then enforcement may be delayed.
Specialist advice is essential in these cases.
Our tenant eviction services
We advise and act on all aspects of residential eviction, including:
- Rent arrears possession claims
- Anti-social behaviour cases
- Notices and compliance review
- Court proceedings and advocacy
- Defended and complex cases
- Enforcement of possession orders
We can assist at any stage:
- Before notice is served
- After notice has been served
- During court proceedings
- Following a possession order
Why landlords instruct our eviction lawyers
Landlords choose Bonallack & Bishop because:
- We act regularly for landlords
- Eviction work is a core part of our practice
- We understand court procedure as well as the law
- We provide clear, practical advice in plain English
- We focus on achieving possession efficiently
Most importantly:
We treat eviction as a commercial necessity, not just a legal process.
Early legal advice is critical
In the current legal climate, early advice can make the difference between success and failure.
If a landlord takes advice early, then:
- The correct ground can be identified
- Notices can be served properly
- Evidence can be prepared in advance
- Criminal Offences due to notices can be avoided
If advice is taken too late, then options may be limited or lost entirely.
Free initial advice for landlords
We offer free initial telephone advice for landlords dealing with eviction issues.
Call FREEPHONE 0800 140 4544 to speak to a specialist eviction solicitor.
Tenant Eviction Lawyers – Frequently Asked Questions
How do I evict a tenant for not paying rent?
If a tenant falls into rent arrears, then a landlord must:
- Rely on the appropriate statutory ground
- Serve a valid notice
- Provide evidence of arrears
If the arrears meet the legal threshold and are proven, the court may grant possession.
How do I evict a tenant to sell a property?
If a landlord intends to sell, then:
- The correct possession ground must be used
- Evidence of intention may be required
If the intention is not genuine, then the claim may fail and you may subsequently be found guilty of a criminal offence.
How hard is it to evict a tenant?
Eviction is now more complex than under the previous system.
If a landlord follows the correct process and provides evidence, then possession is achievable.
If procedure is not followed correctly, then claims may fail.
How long does it take to evict a Section 8 tenant?
Timescales vary depending on the case.
If the claim is straightforward and undefended, it may proceed relatively quickly.
If the case is defended or complex, it may take several months or longer.
What is the procedure for evicting a tenant?
The process involves:
- Identifying the correct legal ground
- Serving a valid notice
- Issuing a court claim
- Obtaining a possession order
- Enforcing the order if necessary
How do I evict a tenant for my own use?
If a landlord intends to live in the property, then:
- The appropriate ground must be used
- Genuine intention must be demonstrated
If the court is not satisfied, possession may be refused and an offence may be found to have been committed.
How do I evict a tenant for anti-social behaviour?
If a tenant engages in anti-social behaviour, then:
- A landlord may rely on specific statutory grounds
- Evidence such as complaints and reports must be provided
Strong evidence is essential. If it is difficulty to obtain evidence, it would be advisable to obtain witness testimony and a diary of events as a bare minimum. However, the more evidence you obtain, the higher the chance of success.
How do I evict a tenant not on the lease?
If an occupier is not named on the tenancy, their legal status must be assessed.
If they derive their right to occupy from the tenant, action may still be required through the court process.
Speak to a specialist tenant eviction lawyer
If you are a landlord and need to regain possession of your property, early specialist advice is essential.
Contact Bonallack & Bishop today on 0800 140 4544 to speak to an experienced tenant eviction solicitor.
