How Long Does It Take To Evict A Tenant For Rent Arrears?

Evicting a tenant for rent arrears is never a straightforward decision. While most landlords hope to resolve payment issues without legal action, sometimes the only option is to regain possession of the property. The process can take time, and understanding how long eviction is likely to take is essential for planning ahead.

In this guide, we explain the typical timescales involved when evicting a tenant for rent arrears, the legal steps you must follow, and the factors that can delay or speed up the process.

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Understanding the Eviction Process for Rent Arrears

If a tenant falls behind on rent, landlords must follow a clear legal process to regain possession. This usually involves three main steps:

1. Serving Notice
For rent arrears, landlords serve a Section 8 notice. In serious arrears cases, the notice period can be as short as 14 days. A Section 21 notice may also be an option in some circumstances, although this is being phased out under new legislation.

2. Applying to Court
If the tenant does not leave when the notice expires, the landlord can apply to the court for a possession order and money judgement for rent arrears. This confirms the tenant must vacate the property and sets a date for them to do so.

3. Enforcing Possession
If the tenant still refuses to leave, the landlord will need to apply for a warrant of possession of land, allowing county court bailiffs (or High Court enforcement officers) to remove the tenant on an appointed eviction date.

Serving Notice to Tenants in Rent Arrears

The first step in the eviction process is to serve the correct notice. For rent arrears, this is usually a Section 8 notice under the Housing Act 1988.

• Section 8 Notice – This notice can be used if a tenant has breached the tenancy agreement, including by failing to pay rent. If a tenant owes at least two months’ rent, landlords can rely on “Ground 8,” which requires the court to grant possession. The minimum notice period in these cases is 14 days.

• Section 21 Notice – Some landlords choose to serve a Section 21 notice at the same time. This can be used to regain possession without having to prove arrears, but it requires at least 2 months’ notice and compliance with strict rules around deposit protection and documentation.

In many cases, tenants may choose to leave once a valid notice has been served. However, if the notice period ends and the tenant remains in the property, the next step is to apply to the court for a possession order.

Court Proceedings and Possession Orders

If a tenant does not leave when the notice period ends, landlords must apply to the court for a possession order. This is the official confirmation that the tenant must vacate the property.

The process usually takes around 6 to 8 weeks, although delays are common due to court backlogs. Once the case is heard, the judge may grant one of several types of possession orders:

• Outright Possession Order – The tenant must leave the property, usually within 14–28 days. In some cases, judges may allow up to six weeks if the tenant is experiencing hardship.

• Suspended Possession Order – The tenant can remain in the property as long as they meet certain conditions, such as paying ongoing rent plus an agreed amount toward the arrears.

• Postponed Possession Order – Similar to a suspended order, but no fixed eviction date is set unless the tenant breaches the conditions.

If the tenant ignores an outright possession order and does not vacate by the date given, the landlord will need to apply for enforcement through the bailiffs.

What Happens After a Possession Order?

Once the court grants a possession order, the tenant is usually given a date by which they must leave the property. In most cases, this will be 14 to 28 days after the court hearing, although judges can extend this to six weeks in cases of serious hardship.

If the tenant leaves by the deadline, the process ends there. However, if the tenant ignores the order and refuses to move out, the landlord cannot take matters into their own hands. The next step is to apply for a warrant of possession of land, which allows county court bailiffs to legally remove the tenant from the property.

Bailiff Evictions and Final Timescales

If a tenant does not leave by the date on the possession order, landlords must apply for a warrant of eviction. This authorises county court bailiffs to attend the property and remove the tenant.

Once the warrant has been issued, the court will set a date for eviction. In practice, arranging bailiffs can take five to ten weeks, depending on the availability of the local court service. In some cases, landlords may apply to transfer the case to the High Court to use enforcement officers, which can be quicker but requires additional permission and costs.

Taking the process from start to finish, eviction for rent arrears often takes several months. Even in straightforward cases, it is rare for the process to be completed in less than two to three months. Where tenants contest the claim or where courts have heavy backlogs, it can take much longer.

How Long Does the Whole Eviction Process Take?

The total time it takes to evict a tenant for rent arrears depends on a range of factors, including which notice is used, whether the tenant contests the claim, and how busy the local courts are.

• Serving notice – For serious rent arrears, a Section 8 notice can be as short as 14 days. Other grounds require longer notice, and if a landlord uses a Section 21 notice, at least two months’ notice must be given.

• Court proceedings – If the tenant does not leave, landlords must apply to the court for a possession order. This usually takes around 6 to 8 weeks, but court backlogs can extend this period significantly.

• Possession order period – Once granted, tenants are normally given 14 to 28 days to vacate the property, although courts can allow up to six weeks in cases of genuine hardship.

• Bailiff eviction – If the tenant remains in the property, landlords will need to apply for a warrant of eviction. Bailiffs can take a further 5 to 10 weeks to attend, depending on availability in the local area.

In practice, the fastest cases can conclude in around two to three months if the tenant leaves after notice or quickly following a possession order. However, in many situations, particularly where tenants refuse to leave or raise objections, the process can stretch to six months or longer.

For landlords, this means eviction is rarely a quick solution. It is important to plan for the possibility of ongoing rent arrears during this time and to ensure the process is handled correctly to avoid further delays.