Property Blog


Tenant Eviction for Rent Arrears in England

A Landlord will only be able to evict a Tenant if they follow a legal process.

The 3 stage process is:

If you are a Tenant and you have problems with paying your rent you must contact your Landlord or Agent immediately. You may be able to agree a payment plan to make up any arrears.

Types of Notices

Most private residential properties are let by Landlords to Assured Shorthold Tenants.

The Landlord or Agent could give a Tenant a Section 21 Notice or a Section 8 Notice. In some circumstances a Tenant could receive both notices from their Landlord or Agent.

A Section 21 Notice allows a Landlord to evict a Tenant even if they do not owe any rent. In this instance the Court could not prevent an eviction if the Landlord or Agent have fulfilled their “Tenancy obligations”.

A Section 8 Notice requires a Landlord or Agent to give a reason for eviction. If the Landlord or Agent uses a rent arrears ground, it will usually be because the Tenant in more than 2 months’ in arrears. If this is the case, then the Court will have mandatory grounds to allow possession back to the Landlord.

Why choose CSB Solicitors?

Contact CSB Solicitors if you are a Landlord or Agent and want to discuss your assured shorthold tenancy agreement and your options in relation to your Tenant; or if you a Tenant and have received a Notice from your Landlord or Agent.

For more information: Tenant Evictions

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