Updated October 2026 · Fraser Bond
Landlords · Possession
Drug use at your rental: what you can do
Section 8legal grounds
Evidenceis key
Policereport crime
Liabilityknow the law
In short: A landlord can seek possession if a tenant uses the property for illegal purposes or causes nuisance, but must follow the legal process: a Section 8 notice based on the right ground, then a court order. Grounds covering anti-social behaviour and illegal use can allow proceedings to start quickly, and a conviction for a serious offence can give a mandatory ground. You must not change the locks or remove the tenant yourself. Landlords who knowingly allow certain drug activity on their premises can also commit an offence, so act on evidence. Fraser Bond manages tenancies and handles these situations carefully and lawfully.
| Situation | Possible route |
|---|---|
| Nuisance or anti-social behaviour | Discretionary ground; proceedings can start soon after notice |
| Property used for illegal purposes | Discretionary ground for nuisance or illegal use |
| Tenant convicted of a serious offence | Mandatory ground may apply |
| Breach of tenancy terms | Discretionary ground |
A simplified summary for England. Take legal advice.
What to do
1
Gather evidenceDates, photos, neighbour statements and any police reference.
2
Report to the policeEspecially if you suspect dealing or production.
3
Check the tenancyClauses on illegal use and nuisance.
4
Serve the right noticeA Section 8 notice citing the correct grounds.
5
Apply to courtThe court decides whether to grant possession.
Protect yourself as a landlord
Full management with Fraser Bond
- Regular inspections
- Thorough referencing
- Lawful handling of breaches
- Working with police and councils
Frequently asked questions
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Can I evict immediately for drugs?
Not without a court order. Some grounds allow proceedings to start quickly after notice.
Can a landlord be liable?
A landlord who knowingly allows certain drug activity can commit an offence. Act on evidence.
Do I need a conviction?
Not for discretionary grounds, but you need good evidence. A conviction can support a mandatory ground.
Need help with a problem tenancy?
Our management service handles breaches lawfully.
Speak to our teamProperty management
