What If the Tenant Refuses to Leave?
It’s every landlord’s worst-case scenario. The tenancy ends, notice is served, but the tenant doesn’t leave. They stop replying. They keep paying late. Or worse – they stop paying at all. Here’s what you need to know when things don’t go to plan.
If you’re not prepared, this can drag on for months. And if you don’t follow the correct process to the letter, you could end up starting over – or breaking the law yourself.
You can’t just change the locks
No matter how frustrated you get, you can’t enter the property or remove the tenant yourself – even if the tenancy has ended. Doing so could result in a court order against you for illegal eviction, and it’s a serious offence.
You must follow the legal process from start to finish.
Section 21 or Section 8?
There are two main routes for eviction:
Section 21 is the ‘no fault’ route – used when you just want the property back, with no blame.
Section 8 is used when the tenant has broken the terms of the tenancy – usually for rent arrears or anti-social behaviour. Each one has different notice periods, rules, and paperwork – and getting it wrong will delay things further.
Courts are backlogged
Even if you serve notice correctly, if the tenant still refuses to leave, you’ll need a possession order from the court. And that takes time – weeks, sometimes months – especially in busy areas. Delays are common. That’s why prevention is key – the right checks, the right tenancy setup, and regular communication can reduce the chance of things ever reaching this stage.
Rent arrears build quickly
While the process plays out, the rent often stops. And unless you’ve got rent guarantee insurance or a buffer in place, that’s your cash flow under pressure. Some landlords rely on that income to cover their own mortgage – and one bad tenancy can create serious financial strain.
Frequently Asked Questions
❓ What if the tenant says they have nowhere to go?
The court may still grant possession – but the tenant can ask the council for emergency housing. Sometimes councils advise tenants to stay until legally evicted. It’s frustrating – but it happens. Stick to the process.
❓ Can I offer cash to get them out?
Yes – this is known as a ‘cash for keys’ deal. It’s legal, but get it in writing. It doesn’t always work, and some tenants will still stay put. Use it carefully, and ideally with advice.
❓ How long does eviction usually take?
If uncontested, from serving notice to gaining possession through court can take 2 to 6 months – sometimes longer. If the tenant contests it, or there are errors in your paperwork, the process resets.
❓ What can I do to avoid this happening?
Good referencing, strong tenancy agreements, regular inspections, and a clear paper trail. And if you’re using an agent, make sure they handle compliance properly. Prevention is cheaper than eviction.
When things go wrong, you need a clear plan – not panic
It’s stressful, yes. But if you stay calm and follow the legal process, you will get your property back. The key is doing everything by the book – right paperwork, right notices, and no shortcuts. We’re here to help if it ever gets to that point – but ideally, we set it up so it never does.