Tenant Still There After Notice Expires? Next Steps

Tenant Still There After Notice Expires? Next Steps

Photo by Matthew Henry

An eviction notice expiring doesn't magically remove the tenant. If they remain in the property, you cannot change the locks or forcibly remove them yourself (this is illegal eviction). You must apply for a court or tribunal order.

England & Wales:

  • Section 21: Apply to court for an Accelerated Possession Order (Form N5B) if undisputed, or a Standard Possession Order (Form N5) if needed.
  • Section 8: Apply for a Standard Possession Order (Form N5 & N119), leading to a court hearing.

Scotland (PRT):

  • Apply to the First-tier Tribunal (Housing and Property Chamber) for an Eviction Order, citing the grounds from your Notice to Leave.

The Process: Submit forms -> Pay fee -> Court/Tribunal reviews/issues directions -> Potential hearing -> Judge/Tribunal grants Possession/Eviction Order.

Enforcement: If the tenant still doesn't leave after the order, you must apply for a Warrant/Order for Possession, which allows court bailiffs (England/Wales) or Sheriff Officers (Scotland) to carry out the eviction. This takes additional time and fees. Having a correctly issued initial notice is vital for this process.