When a tenancy ends, tenants are expected to move out on the agreed date. However, sometimes a tenant stays in the property longer than expected, which can be stressful for landlords and raise questions about what to do next. In this guide, we explain what to do if a tenant won’t leave, the steps landlords can take, and how to handle the situation legally and effectively.
End of a tenancy: What happens if a tenant hasn’t moved out?
When a tenancy ends, the tenant is legally required to vacate the property by the agreed date. However, if they don’t leave, it results in what’s known as ‘tenant holding over’ - where the tenant stays in the property without a valid tenancy agreement in place.
Even if the fixed term has ended or the notice period has expired, the tenant still has legal rights. Landlords cannot change the locks or remove a tenant by force - doing so would be an illegal eviction. Instead, the landlord must follow the correct legal process to regain possession of the property.
What if the tenant has signed a deed of surrender?
A deed of surrender is a legal agreement between a landlord and tenant to end a tenancy. By signing it, the tenant agrees to return the property to the landlord on a specific date.
If the tenant fails to leave, the landlord may have grounds for legal action, as the tenant would be in breach of the agreement. However, the landlord still cannot evict the tenant without following legal procedures. A possession order from the court may be required to formally remove the tenant.
💡Key takeaway: If a tenant stays beyond their tenancy end date - whether with or without a deed of surrender - landlords must follow the correct legal eviction process to regain possession of the property.
What can a landlord do?
When a tenant doesn’t move out on the agreed date, landlords need to handle the situation within the law. Here’s a breakdown of what landlords can do to regain possession of their property:
1. Serve the appropriate notice
Before taking further action, landlords must serve the right type of eviction notice, depending on the circumstances:
Section 21 notice (no-fault eviction)
A Section 21 is used when the landlord wants the property back without needing to give a reason.
Requires at least two months’ notice (though this may vary based on tenancy terms or legal changes).
Cannot be used if the landlord has failed to follow tenancy deposit rules or provide required documents.
Section 8 notice
A Section 8 is used when a tenant has broken the tenancy agreement, such as falling behind on rent, damaging the property, or engaging in anti-social behaviour.
The notice period depends on the eviction grounds - ranging from two weeks to two months.
The landlord must provide clear evidence of the breach to strengthen their case.
2. Apply for a possession order
If the tenant doesn’t leave after the notice period, the landlord must apply to the court for a possession order. This is a legal document that officially grants the landlord the right to reclaim the property.
The court will check that the notice was served correctly and that the landlord has a legal reason for eviction.
In some cases, if the tenant does not dispute the eviction, the court may issue a 'possession order by default' without holding a hearing.
If the tenant challenges the eviction, the court will schedule a possession hearing, where both sides can present their arguments.
💡 Key point: Tenants can raise defences such as housing disrepair or an invalid notice, which could delay the eviction process. Landlords should gather evidence to support their case in court.
3. Enforce the possession order
If the tenant still refuses to leave after a possession order, the landlord must take further action to enforce the order. This involves applying for an eviction warrant to remove the tenant from the property. There are two main enforcement options:
County Court bailiffs: These are usually slower, with waiting times of several weeks for an appointment.
High Court Enforcement Officers (HCEOs): Known as ‘High Court bailiffs,’ these officers can enforce the eviction quickly. To use HCEOs, the landlord must transfer the case from the County Court to the High Court, which requires extra costs.
If the tenant still refuses to leave after a possession order, the landlord must take further action to enforce the order. This involves applying for an eviction warrant to remove the tenant from the property.
4. Seek professional advice
Eviction cases can be complex, especially if the tenant challenges the process. Getting legal support from a specialist landlord solicitor can:
Ensure the correct legal process is followed
Help gather evidence to present in court
Strengthen the case against tenant defences
Speed up the eviction process by avoiding mistakes
💡 Expert insight: "Tenants may file a defence against eviction, arguing issues like property disrepair or an invalid notice. I always recommend seeking legal advice to ensure all paperwork is correct and to prepare evidence that can be used in court. Proper legal support can help landlords resolve disputes more effectively."
FAQs
What happens if a tenant hasn’t moved out after Section 21?
A Section 21 notice is used to take back a property at the end of an assured shorthold tenancy (AST). Once a landlord serves a valid Section 21, the tenant will need to vacate the property by the specified date. If the tenant doesn’t leave after the notice expires, the landlord will then need to get a court order to evict the tenant.
Can a landlord change the locks if a tenant doesn’t leave?
No, landlords can't change the locks or remove a tenant by force without a court order. Doing so would be classed as an illegal eviction. This would result in legal penalties, including fines or going to prison. To learn more, head to our full guide on landlords changing the locks after Section 21.
How long does it take to evict a tenant who refuses to leave?
The eviction process can vary depending on the circumstances such as waiting for the tenant to respond. There also can be court delays. In total, the process may take anywhere from 4-6 months or longer. On average:
Serving a notice takes 2-3 months, depending on the notice type.
Applying for a possession order can take 6-8 weeks, depending on court availability.
Enforcement through bailiffs or HCEOs can add another 2-4 weeks.
👉You can learn more in our guide to possession order timescales.
Can a tenant refuse to leave if they have no alternative accommodation?
A tenant may refuse to leave if they have nowhere to go, but this does not give them legal grounds to stay as long as possible. The landlord must still go through the formal eviction process to get the property back.
Final thoughts
Having a tenant who won’t move out can be stressful and time-consuming for landlords, but it’s important to follow the correct legal steps to avoid delays, disputes, or penalties.
Make sure to serve the right notice, apply for a possession order if needed, and never take illegal actions like changing the locks or forcing a tenant out. Seeking legal advice or working with a property solicitor can make the process smoother and legally compliant, helping you regain possession of your property as quickly as possible.
References
Evicting tenants in England by Gov.UK
What is a possession order? by Shelter
High Court Enforcement Officers Association by High Court Enforcement Officers Association
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified accountant or business advisor. Bear in mind that tax rules can change and will differ based on your circumstances.
