How to evict a tenant?

19 June, 2025

How to Evict a Tenant if You Want to Sell Your Property

Thinking about selling your property but it’s currently being rented out? If your buyer wants it empty before completion, you’ll need to go through the proper steps to end the tenancy. You can’t just ask a tenant to leave without following the legal process, so here’s a straightforward guide to what you need to do.

Start With the Tenancy Agreement

First, figure out what kind of tenancy your tenant has. Most people have an Assured Shorthold Tenancy (AST), which comes with certain legal rights. You’ll need to check:

• When the tenancy began
  
  

• If it’s still in the fixed term or has moved to a rolling (month-to-month) agreement
  
  

• What the contract says about giving notice

Section 21: Asking the Tenant to Leave Without Blame

If your tenant hasn’t done anything wrong but you still need them to leave, the usual route is serving a Section 21 notice. It’s a way of ending the tenancy without giving a reason, often used when you want the property back at the end of the fixed term or during a rolling agreement.

You’ve got to give at least two months’ notice, and the paperwork needs to be spot on. If anything’s missing or incorrect, the notice won’t hold up if the matter goes to court. So it’s worth double-checking everything before you send it.

It’s also worth knowing that Section 21 is on its way out. The government has announced plans to scrap it as part of the Renters Reform Bill, which means landlords will no longer be able to evict tenants without giving a reason. The aim is to make renting more secure for tenants, but it also means landlords will need to use formal grounds (like rent arrears or property sale) under Section 8 to regain possession. While the change hasn’t come into effect yet, it’s something to keep an eye on if you’re thinking of selling in the near future.

Section 8: If the Tenant Has Broken the Rules

If the tenant hasn’t paid rent or has breached the agreement, you might be better off using a Section 8 notice. This type of notice is for when there’s a problem and you want them out before the end of the contract.

You’ll need to give a reason (such as rent arrears or damage to the property) and provide evidence if it ends up in court. The notice period varies depending on why you’re evicting them.

How to Serve Notice Properly

You can’t just text your tenant or drop them a quick email. Notices have to be in the right format:

• Section 21 uses Form 6A
  
  

• Section 8 uses Form 3
  
  

You’ll need to deliver it in person, by post, or another legal method. Always keep proof that it was sent or delivered.

If the tenant doesn’t leave by the deadline, you’ll have to go to court to get a possession order.

What Happens if the Tenant Stays Put?

If the tenant ignores the notice and doesn’t move out, you can apply to the court for a possession order. This takes time (usually several weeks), and if they still don’t go, you’ll need court bailiffs to carry out the eviction.

That means if you’re planning to sell and hand over an empty property, you’ll need to plan ahead. Don’t leave this to the last minute.

Can You Sell With the Tenant Still Living There?

Yes, you can. Some buyers, especially landlords, are happy to take on a property with tenants already in place. But if the person buying your home wants it empty, the tenancy has to be sorted out before exchange.

A Few Final Tips

Evicting a tenant isn’t something you can rush. There’s a proper process, and you need to get every step right. Otherwise, it could lead to delays, extra costs, or even legal trouble.

So:

• Make sure all paperwork is in order
  
  

• Keep a record of everything
  
  

• Get legal advice if you’re not sure what to do
  
  

• Leave enough time before you put the place on the market
  
  

That way, if you need the tenant to move out before selling, you’re not caught out.

Get an Offer solution:

Not sure whether to sell your property with the tenant in place or wait until it's vacant? Give us a call. We offer a landlord-to-landlord service, and our team is always happy to talk you through your options and help you decide what’s best for your situation.