When a tenant refuses to leave a property in England and Wales, landlords often feel frustrated and uncertain about their rights. It is important to understand that even if a tenancy has ended or notice has expired, a tenant cannot simply be removed. Residential tenants are protected by law, and landlords must follow a strict legal process to regain possession.
A tenant who remains in occupation after the end of a fixed term tenancy usually becomes a statutory periodic tenant. This means they continue to have the legal right to occupy the property until possession is lawfully obtained through the courts. Refusing to leave is not a criminal offence and does not automatically place the tenant in the wrong.
Many landlords mistakenly believe that once notice expires they can change the locks or remove belongings. This is incorrect and can lead to serious legal consequences. Understanding the correct process is essential to avoiding costly mistakes and delays.
The Legal Process Landlords Must Follow
If a tenant refuses to leave, the only lawful way to regain possession is through the court system. The route taken depends on the type of notice served and the circumstances of the tenancy.
The core steps in the process are:
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Serving a valid possession notice
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Applying to the court for a possession order
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Obtaining a possession order
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Using court appointed bailiffs if the tenant still refuses to leave
Every step must be completed correctly. If paperwork is incorrect or legal requirements have not been met, the court can dismiss the claim and force the landlord to start again. This can result in months of delay.
Landlords must also ensure that they have complied with all legal obligations before serving notice. This includes deposit protection, prescribed information, gas and electrical safety requirements, and energy performance certificates. Failure to comply can invalidate a possession claim entirely.
Section 21 and Section 8 Notices Explained
There are two main routes landlords use when seeking possession.
A Section 21 notice is used to regain possession without alleging fault. It is commonly used at the end of an assured shorthold tenancy. However, it is only valid if all legal requirements have been met. If the tenant refuses to leave after the notice expires, the landlord must apply to the court for possession. The court will not remove the tenant automatically.
A Section 8 notice is used where the landlord relies on specific grounds, such as rent arrears or breach of the tenancy agreement. If the tenant refuses to leave, a court hearing will usually be required. The judge will consider the evidence and decide whether possession should be granted.
Section 8 claims are less predictable than Section 21 claims. Even where rent arrears exist, the court may allow the tenant additional time or dismiss the claim if grounds are not proven correctly. This makes accurate drafting and preparation critical.
In both cases, landlords must never attempt to evict a tenant themselves. Only court appointed bailiffs or enforcement officers have the authority to remove a tenant from a residential property.
Risks of Unlawful Eviction and Why Legal Advice Matters
Unlawful eviction is treated very seriously in England and Wales. A landlord who attempts to force a tenant out without a court order may face criminal prosecution, unlimited fines, and compensation claims. Actions such as changing locks, cutting off utilities, intimidating the tenant, or removing belongings are all unlawful.
Even well intentioned landlords can fall foul of the law if they act too quickly or without advice. Many possession cases fail because notices were served incorrectly or compliance requirements were overlooked. This can significantly increase financial losses, particularly where rent is not being paid.
Obtaining early legal advice can often reduce delays and improve outcomes. A specialist solicitor can review the tenancy, confirm the correct notice to use, ensure compliance, and guide landlords through the most effective route to possession. This can save months of time and prevent unnecessary legal risk.
How Penerley Can Help
If your tenant has refused to leave and you are unsure what to do next, taking legal advice early is essential. One incorrect step can delay possession and expose you to serious consequences.
Penerley Solicitors provide clear, practical advice to landlords across England and Wales. Their experienced property law team can review your case, ensure your notices are valid, and guide you through the lawful process of regaining possession. Contact Penerley Solicitors today to protect your property and resolve the situation with confidence.
