How to evict an AST assured shorthold tenant from the property under section 21 (Part 1)

Evicting a tenant isn’t always as difficult as it sounds — it often depends on the type of tenant and how well you’ve prepared your paperwork. With the right steps in place, the process can be straightforward.

Before you even think about serving an eviction notice, make sure your compliance is up to date. Courts will not look favourably on landlords who skip these checks and you may end up losing or dismissing the case.

Documents to Check First

Ensure you have:

• A valid Gas Safety Certificate

• A valid Electrical Safety Certificate (EICR)

• Proof that you carried out a Right to Rent check for the tenant

• A valid Energy Performance Certificate (EPC)

• Evidence that the deposit was protected in an approved scheme and the tenant received the prescribed information

  • A record of any arrears cleared or outstanding.

• Any pending repair works are completed.

Why does this matter? Because if a tenant refuses to leave and you end up in court, these documents will be your protection. Without them, your case could be thrown out.

Evicting tenant from property under section 21 eviction notice

1. Check the Tenancy Agreement

   • If the tenant is still within their Assured Shorthold Tenancy (AST) fixed term, you cannot serve a Section 21 unless certain conditions are met.

   • If they are out of contract (periodic tenancy), you can serve 2 months’ notice.

2. Choose the Right Notice

   • Use a Section 21 notice (Form 6A) if you are ending the tenancy without giving a reason (no-fault eviction).

   • If the tenant has arrears, that falls under Section 8, which will be covered separately.

3. Serve the Notice Correctly

   • Hand the notice to the tenant directly and take a photo as proof (just like delivery drivers do!).

   • If they’re not in, post it through the letterbox and take a photo showing the property and the envelope being delivered.

4. Keep Evidence Safe

   • Store the photo proof, your signed copy of the notice, and all compliance documents in one secure folder.

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What Happens Next?

• Best case scenario: The tenant leaves on or before the date given, hands the key and you are happy.

• If they delay: Open a conversation. Sometimes a friendly chat or mediation works better than conflict. Always follow up in writing (email) so you have a record of your attempts to resolve things.

• If they refuse to leave: Court action is the only option. At this stage, your preparation and paperwork will make all the difference.

Rest I will cover in the next steps.