Landlord and Tenant Rights and Obligations in Eviction Proceedings (England & Wales

In England and Wales, the law surrounding eviction is precise and procedural. Both landlords and tenants are bound by statutory rights and contractual obligations which must be carefully observed. Any failure to comply with these legal requirements can result in proceedings being delayed, dismissed, or even deemed unlawful.

Landlord Rights in the Eviction Process

Under housing law, landlords are entitled to:

Recover possession of their property, but only by following the correct legal procedure.
Serve notice under Section 8 (fault-based grounds such as persistent rent arrears or breach of tenancy) or Section 21 (no-fault route at the end of a fixed term or periodic tenancy).
Commence possession proceedings where tenants do not vacate following notice.
Obtain a possession order and, if necessary, request enforcement by county court bailiffs or High Court Enforcement Officers.
Pursue arrears and legal costs, where awarded by the court.

Landlord Obligations in Eviction

Landlords must meet specific statutory and contractual obligations, including:

Issuing valid notice on the correct form with the proper notice period (e.g. two weeks under Ground 8, or two months under Section 21).
Protecting deposits in a government-approved tenancy deposit scheme and serving the prescribed information.
Providing compliance documentation such as the Energy Performance Certificate (EPC), Gas Safety Certificate, and Electrical Installation Condition Report (EICR).
Avoiding unlawful eviction or harassment, such as changing locks or cutting off utilities without due process.
Adhering strictly to court procedure, as only a possession order or warrant lawfully ends the tenancy.

Tenant Rights During Eviction

Tenants retain significant legal protections, including the right to:

Receive notice in writing, served correctly on the appropriate form.
Challenge eviction where the landlord has not complied with statutory obligations.
Raise defences such as disrepair, deposit scheme non-compliance, or potential discrimination.
Remain in occupation until the court issues a possession order or warrant.
Seek advice and representation from solicitors, housing charities, or local authorities.

Tenant Obligations During Eviction

Alongside their rights, tenants have responsibilities, such as:

Paying rent in accordance with the tenancy agreement.
Permitting reasonable access for repairs and inspections (with proper notice).
Maintaining the property in a tenant-like manner.
Responding to court proceedings, including filing defences where appropriate.
Vacating the property once a lawful possession order has been granted.

The Eviction Process in 2025

The eviction procedure typically follows five stages:

Notice of Possession

Section 8 or Section 21 served with proper notice periods and correct forms.

Issuing Court Proceedings

If the tenant remains in situ after the notice period expires.

Hearing or Accelerated Possession

Depending on the type of claim and circumstances of the case.

Possession Order Granted or Refused

Dependent on mandatory or discretionary grounds and court's assessment.

Enforcement

Through bailiffs or High Court enforcement if necessary.

Frequent Errors Made by Landlords

Many evictions fail due to avoidable mistakes, including:

Using outdated or incorrect forms (e.g. invalid Section 21 notice)
Not protecting deposits or failing to serve prescribed information
Omitting compliance certificates, such as EPCs or gas safety checks
Incorrect notice periods or dating errors
Attempting self-help eviction, which is unlawful

Frequently Asked Questions

This depends on the statutory ground. For example, a Section 21 notice usually requires two months, whereas Section 8, Ground 8 (rent arrears) requires only two weeks.

No. A possession order is always required. Evicting without one amounts to an unlawful eviction.

A Section 21 notice will be invalid, and the tenant may bring a claim for compensation.

Yes. Defences may include disrepair, incorrect paperwork, or unlawful practice by the landlord.

Conclusion

Eviction is a highly regulated process in England and Wales. Landlords must comply with statutory requirements to avoid delay or dismissal, while tenants are protected by clear legal rights that enable them to contest unfair or unlawful action.

For both parties, obtaining early legal advice is crucial in ensuring the process is conducted lawfully, efficiently, and fairly.

Landlord and Tenant Rights and Obligations in Eviction Proceedings

Landlord Rights in the Eviction Process

Landlord Obligations in Eviction

Tenant Rights During Eviction

Tenant Obligations During Eviction

The Eviction Process in 2025

Notice of Possession

Issuing Court Proceedings

Hearing or Accelerated Possession

Possession Order Granted or Refused

Enforcement

Frequently Asked Questions

Conclusion

Are you a landlord or tenant facing eviction in 2025?

Have Questions or Need Legal Help?

Personal Information

Your Message

Landlord and Tenant Rights and Obligations in Eviction Proceedings

Landlord Rights in the Eviction Process

Landlord Obligations in Eviction

Tenant Rights During Eviction

Tenant Obligations During Eviction

The Eviction Process in 2025

Notice of Possession

Issuing Court Proceedings

Hearing or Accelerated Possession

Possession Order Granted or Refused

Enforcement

Frequently Asked Questions

What notice must a landlord give in 2025?

Can a landlord evict without going to court?

What if the deposit has not been protected?

Can tenants contest eviction?

Conclusion

Are you a landlord or tenant facing eviction in 2025?

Have Questions or Need Legal Help?

Personal Information

Your Message