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Dealing with a Difficult Tenant: What to Do When They Refuse to Leave After a Section 21 Notice

The lawful route to regaining possession when a tenant won't move out, under the rules in force since May 2026.

Dealing with a Difficult Tenant: What to Do When They Refuse to Leave After a Section 21 Notice Property Legal, Risk & Compliance

Updated October 2026

In short: If a tenant refuses to leave, you must use the court process. Since 1 May 2026, Section 21 no-fault notices have ended in England, so possession claims rely on Section 8 grounds, such as rent arrears, anti-social behaviour, breach of tenancy, or the new grounds for selling or moving in. Changing locks or removing belongings without a court order is illegal eviction.

Common groundTypical use
Rent arrears (mandatory threshold)Serious arrears at notice and hearing
Persistent late payment / some arrears (discretionary)Repeated arrears or late payment
Anti-social behaviourNuisance or criminal behaviour
Breach of tenancyUnauthorised subletting, damage, pets in breach
Landlord selling or moving inUsually not available in the first 12 months of a tenancy; notice periods apply

Grounds and notice periods changed on 1 May 2026. Use current forms and take advice.

The lawful route

1Evidence
Rent records, correspondence, inspection reports and witness statements.
2Section 8 notice
Correct form, grounds and notice period.
3Court claim
Issue the claim if the tenant hasn't left when notice expires.
4Hearing and order
The court decides; mandatory grounds give more certainty.
5Enforcement
Bailiffs or High Court Enforcement Officers if the tenant still stays.

Never do this

  • Change the locks while the tenant is out
  • Remove their belongings
  • Cut off gas, electricity or water
  • Harass or threaten the tenant

How Fraser Bond helps landlords

  • Early arrears and breach management
  • Section 8 notices and evidence packs
  • Coordination with solicitors and enforcement
  • Fast re-letting once possession is recovered

Tenant refusing to leave?

Talk to us about the right steps under the new rules.

Speak to our team

Related guides

Fraser Bond services: Property services · Rental · Contact us

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