Eviction continues to be one of the most confusing and emotionally charged areas of landlord and tenant law. Both landlords and tenants often rely on hearsay, online forums, and assumptions rather than verified legal guidance. As a result, myths spread quickly and can lead to unlawful action, financial loss, and avoidable disputes. Understanding what the law actually requires is critical for both parties, particularly in a climate of heightened awareness around tenant rights and increased scrutiny of landlord practices. With the correct information, eviction can be managed lawfully, fairly, and with minimal conflict.
Many landlords still believe that if a tenant falls behind on rent, they can be asked to leave immediately or within a few days. This misconception persists because at first glance it seems logical. A property owner expects payment for the use of their asset and when payment stops, frustration builds. However, missing rent does not automatically give a landlord the right to remove a tenant. The law requires landlords to serve the correct form of notice and allow the statutory notice period to pass. In England, for example, landlords use Section 8 when relying on rent arrears grounds and Section 21 to regain possession at the end of a tenancy without alleging fault. After notice expires, landlords must obtain a possession order through the court. Eviction without a court order is unlawful.
On the other side, tenants frequently assume that they cannot be removed from a property until a landlord physically puts them out. Some tenants believe they can prolong their stay indefinitely simply by refusing to leave. In reality, physical removal without lawful authority is illegal but court enforcement is very real. Once a possession notice is served, followed by a court order, enforcement officers or bailiffs will carry out the eviction. Ignoring the process will not make it disappear and can have serious consequences for tenants, including court costs, enforcement fees, and potential challenges securing future rental accommodation. A possession order backed by a warrant or writ for eviction is binding. e belief that changing the locks, shutting off heating or water, or placing pressure on a tenant to leave is a quick and acceptable solution. These practices are legally defined as self help eviction and are prohibited. Even indirect actions that make living conditions intolerable can amount to harassment. Tenants subjected to this behaviour can pursue legal claims resulting in compensation, fines, and reputational damage for the landlord. Eviction must always follow the court process. The law is not optional even when a landlord feels morally justified or financially strained. Professional legal advice and patience are always safer than shortcuts. Landlords who need assistance with notice drafting, claim preparation, or court representation can learn more on our landlord services page.
Tenants also often assume that hardship automatically prevents removal. Personal difficulties such as unemployment, illness, or family responsibilities understandably create stress. However, while courts may consider individual circumstances, especially when scheduling hearings or allowing time to vacate, hardship alone does not stop a lawful eviction. Local authorities and support services may help vulnerable tenants find alternative accommodation, but a valid possession order remains enforceable. Knowing this empowers tenants to seek help early rather than relying on an incorrect belief that personal circumstances prohibit eviction.
Another widespread misunderstanding is that landlords can refuse to renew a tenancy or evict a tenant simply because they want to sell or move back into the property and do so instantly. In truth, landlords must still serve the correct notice and follow procedure. The legal process applies regardless of the landlord’s reason. Conversely, tenants sometimes believe that if a landlord wants to sell, they do not have to leave until a buyer completes. Again, lawful notice and court orders govern occupation, not assumptions or verbal promises. Both sides benefit from clarity and written communication, especially when circumstances change.
Social media has given rise to yet another myth: the idea that tenants have a right to remain until alternative housing is secured for them. While councils have duties to assist homeless or at-risk individuals, landlords are not required to house tenants indefinitely while support is arranged. Once a court has ordered possession, the landlord is entitled to enforce it. Councils often instruct tenants to remain until eviction to trigger certain support obligations, but this is a public authority process, not a right against the landlord.
Understanding the truth behind eviction myths protects both landlords and tenants. Eviction is not about who has more power but about following a legal structure designed to ensure fairness and due process. Landlords who act lawfully avoid penalties, stress, and reputational risk. Tenants who know their rights and responsibilities can make informed decisions, seek assistance in time, and avoid escalating consequences.
Eviction should never be rushed, handled emotionally, or based on assumptions. The safest approach is to obtain accurate legal advice at the earliest stage. Whether you are a landlord needing to regain possession or a tenant unsure of your rights, clarity and guidance are essential. Penerley Solicitors provides experienced advice to ensure every eviction process is handled correctly, professionally, and with respect for the law. Understanding the truth helps prevent conflict and promotes a fair outcome for all parties.
