Landlord Lessons: Your eviction questions, answered

We know landlord legislation isn’t always straightforward, especially when it comes to evictions. So we asked real landlords to send in their questions, and we’re using them to kick off our three-part Landlord Lessons series that breaks down the rules. This is lesson one: understanding evictions.

Below are some of the trickiest scenarios landlords face – from tenants who won’t leave despite the right notices being served, to properties bought for one purpose ending up used for another. Every situation is different, and eviction law can be complex, so this lesson is designed to help you understand the basics – not replace advice from a solicitor.

Can I sell my property if my tenant refuses to leave, even after being served the correct notice?

This is one of the most common – and most frustrating – situations landlords face. You’ve served a Section 8 notice and your tenant still won’t move out. You might have even offered them alternative accommodation. So where does that leave you?

The short answer: you can still take steps to sell, but you can’t force your tenant out without a court order.

If your tenant won’t leave after a valid notice period has ended, your next step is usually to apply to the court for a possession order. Only bailiffs, acting on a court’s instruction, can lawfully remove a tenant. Trying to remove them yourself – or making the property unliveable to pressure them out – is illegal and could land you in serious legal trouble.

I’ve evicted my tenant to sell my property, do the tenants have to allow access for valuations and viewings?

Marketing the property, arranging valuations, and lining up viewings are all things you can start while an eviction process is ongoing. But your tenant still has the legal right to “quiet enjoyment” of the property until they’ve actually left. That means you’ll need their permission to access the property for viewings or valuations – you can’t just let yourself, or an estate agent, in.

If your tenant refuses access, try to agree to reasonable viewing times in writing. If they still won’t cooperate, a solicitor can advise on your options.

My tenant hasn’t paid rent since their fixed-term contract ended. What can I do?

While fixed-term tenancies no longer exist in England, you likely still have tenants whose tenancy began as one. These tenancies became periodic tenancies after the Renters’ Rights Act. This means the tenancy continues on a rolling basis, under the same terms as before, including the obligation to pay rent.

If your tenant has stopped paying, you’re within your rights to start eviction proceedings for rent arrears. This typically means serving a Section 8 notice, citing rent arrears as the ground for possession. There’ll need to be at least three months worth of rent arrears before you can use a Section 8.

The exact notice period depends on the ground used and how much rent is owed, so it’s worth checking the latest government guidance or speaking to a solicitor to make sure you’re using the right process.

While you wait, keep detailed records of the arrears, including dates and amounts. This will support your case if it goes to court.

How much notice do I need to give a tenant if I want to sell the property or move in myself?

Since the Renters’ Rights Act came into force, Section 21 “no-fault” evictions no longer exist in England. You can’t simply serve notice because you want to sell or move back in – you’ll need a valid ground for possession under Section 8.

If you want to sell your property or move in yourself, there are specific grounds that may apply:

• ground 1 covers moving back in to use the property as your main home
• ground 1A covers selling the property

These are mandatory grounds, which means a court must grant possession if you meet the criteria. However, you’ll need to give your tenant at least four months’ notice under these grounds, and you can’t use them during the first 12 months of the tenancy.

It’s also worth knowing that if you use Ground 1A to sell, you’ll need to genuinely follow through – you can’t simply use it to remove a tenant and then re-let the property.

My tenant is using my property to run their own business. Does this affect my rights as a landlord?

This depends on what your tenancy agreement says. If the agreement restricts business use, your tenant could be in breach of contract – and that may give you grounds to serve a Section 8 notice under Ground 12.

But there’s another layer to consider. If your tenant is running a significant part of their business from the property, it could affect the type of tenancy in place. In some cases, the property may no longer be classified as a purely residential tenancy, which changes how – and whether – you can serve notice.

Because the rules here aren’t straightforward, it’s worth getting advice from a solicitor before you do anything. Serving the wrong notice, or serving it on the wrong grounds, could set your case back significantly.

I own my property through a limited company and want to move back in. But I’ve been told I can’t use the standard “moving back in” grounds – is that right?

Unfortunately, yes. The “moving back in” ground under Section 8 – known as Ground 1 – is only available to individual landlords, not limited companies. Because a company can’t physically live in a property, it can’t rely on this ground to reclaim possession.

This is one of the more frustrating limitations of owning property through a limited company. It doesn’t mean you have no options – but it does mean you’ll need to rely on different grounds for possession, such as rent arrears or a breach of the tenancy agreement.

If none of those apply, your situation becomes more complicated. Speaking to a solicitor who specialises in landlord and tenant law is the best next step.

Don’t forget these other useful landlord lessons

• Renting out your property: rules for landlords in 2026
• Making sense of the 2026 HHSRS update for landlords
• Renters’ Rights Act: your questions answered by an expert 
• Section 13 rent increase: a guide for landlords