Tenant Won't Leave After Notice?Tenant Won't Leave After Notice?
Your tenant ignoring your eviction notice is frustrating — but you must follow the legal process. Here's exactly what to do next.
Do NOT Take Matters Into Your Own Hands
Illegal eviction is a criminal offence. You cannot change locks, remove belongings, cut off utilities, or harass the tenant into leaving. Even if they owe rent or have damaged the property, you must use the court process. Penalties include fines up to £5,000 and potential imprisonment.
What to Do When Your Tenant Won't Leave
Follow this step-by-step process to legally regain possession of your property.
Check Your Notice is Valid
Before going to court, ensure you served a valid eviction notice and it was correctly served. Common issues include:
- Correct form used (Form 6A for Section 21)
- Deposit protected and prescribed information given
- Proper notice period observed (2 months for Section 21)
- EPC, gas safety certificate, and How to Rent guide provided
Apply for a Possession Order
Once the notice period has expired and the tenant hasn't left, apply to the county court:
Section 21 (Accelerated)
Form N5B — no hearing needed in most cases
Court fee: £355
Section 8 (Standard)
Form N5 — requires court hearing
Court fee: £355
Wait for the Court Order
The court will review your application and issue a possession order if valid:
- Accelerated (N5B): Usually 6-8 weeks, paper-based
- Standard (N5): 8-12 weeks, includes hearing date
The order will give the tenant 14-28 days to leave (or immediately for certain grounds).
Apply for Bailiff Warrant (If Needed)
If the tenant still won't leave after the court order date, apply for a warrant of possession:
- Form N325 (county court bailiff) or Form N323 (High Court enforcement)
- Typically 4-6 weeks wait for bailiff appointment
- Bailiff fee: £130 (county court) or £66+ (High Court)
Need All the Court Forms?
Our Complete Eviction Pack includes notices, possession claim forms (N5, N5B), witness statements, and step-by-step instructions.
Typical Eviction Timeline
From serving notice to bailiff enforcement — what to expect at each stage.
Serve Notice
Day 0Serve Section 21 (2 months) or Section 8 (2 weeks - 2 months depending on ground)
Notice Period Expires
2-8 weeksIf tenant hasn't left, you can now apply to court for possession
Court Possession Order
6-12 weeksCourt reviews claim and issues possession order with leave date
Bailiff Enforcement
4-6 weeksIf tenant still won't leave, bailiffs physically remove them
Total time: Typically 4-6 months from serving notice to bailiff enforcement. Section 21 accelerated possession is usually faster than Section 8 standard possession.
Tenant Won't Leave: FAQ
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For general information only. This page provides educational content about UK landlord law and is not legal advice. Laws vary by jurisdiction and change over time. For advice specific to your situation, consult a qualified solicitor.