I received an eviction notice, what can I do?

The envelope drops through your letterbox, and panic sets in; it’s an eviction notice. Right now, you’re probably wondering: “Can they really kick me out?” “How long do I have?” “What if I can’t afford to move?” Stop. Breathe. Tenant eviction cases have strict legal requirements, and many landlords get them wrong. Countless tenants have successfully challenged notices and bought themselves months of protection. You have more rights than you think; but time is critical, so seek specialist landlord & tenant law help promptly.

Discover the defense strategies landlords hope you’ll never learn.

Do you need a solicitor?

We will connect you with the right solicitor, near you.

Find a solicitor near me Request a call

Section 21 and Section 8 notice: What’s the difference?

Your landlord can only use two types of notices to start tenant eviction proceedings. Which one you’ve received determines your defense strategy and timeline. The key differences will shape your next move:

Section 21 Notice (No fault evictions):

This route is faster for landlords but has strict procedural requirements:

• Minimum 2 months’ notice required.
• Cannot be served in first 4 months of tenancy.
• Must use correct Form 6A or prescribed format.
• Only valid for assured shorthold tenancy agreements.
• Requires no reason; landlord simply wants the property back.

Section 8 Notice (Fault-Based Eviction):

Section 8 cases give you more opportunities to defend yourself in court:

• Can be served at any time during tenancy.
• Landlord must prove specific section 8 notice grounds.
• Requires court hearing where landlord proves their case.
• Notice period varies from 2 weeks to 2 months depending on grounds.
• Common reasons: rent arrears, property damage, antisocial behaviour.

Valid vs unlawful eviction reasons

Not every reason your landlord gives for evicting a tenant is legally acceptable. Some grounds are completely prohibited by law, while others must follow strict procedures. Knowing the difference could save your tenancy.

Valid grounds for eviction

These grounds still require proper legal procedures and court approval:

• Rent arrears (2+ months behind).
• Property requires major renovation work.
• Antisocial behaviour affecting neighbours.
• Landlord needs property for family member.
• Property damage beyond normal wear and tear.
• Breach of tenancy terms (unauthorised pets, subletting).

Unlawful eviction reasons

Unlawful eviction attempts can result in substantial compensation claims against your landlord:

• Personal disputes unrelated to tenancy.
• Retaliation for complaining about repairs.
• Refusing rent increases above legal limits.
• Wanting to charge higher rent to new tenants.
• Protected characteristics under Equality Act 2010.
• Discrimination based on race, gender, disability, or sexuality.

The tenant eviction process: Timeline and court proceedings

Evicting a tenant isn’t instant; it’s a multi-stage legal process that can take months. How much notice does a landlord have to give varies, but the court system adds significant delays. The timeline works in your favour if you know how to use it.

Stage 1: Notice period

The notice period is your opportunity to negotiate or find alternative housing:

• Section 21: Minimum 2 months before court application.
• Section 8: 2 weeks to 2 months depending on grounds.
• Notice to quit must expire before any court action.
• Landlord cannot apply to court until notice period ends.

Stage 2: Court application

Courts are severely backlogged, often adding months to the process:

• Accelerated possession order (Section 21): 6-8 weeks processing.
• Standard possession claims: 8-16 weeks for hearing.
• How long does it take to get a possession order after section 21: Typically 3-4 months total.
• Court fees range from £154-£770 depending on claim type.

Stage 3: Enforcement

• Possession order doesn’t mean immediate eviction.
• Bailiff appointments take 2-6 weeks to arrange.
• Only county court bailiffs can legally remove tenants.
• Total process: 6-12 months from initial notice.

Your tenant eviction defence options and next steps

Receiving a tenant eviction notice doesn’t mean you’re defenceless. Multiple strategies can delay, challenge, or even stop the eviction entirely. Your response depends on the type of notice and your specific circumstances.

Technical defences

Even minor errors can render the entire notice invalid and restart the process:

• Wrong notice periods or calculation errors.
• Invalid eviction notice template or incorrect legal forms.
• Landlord failed to follow prescribed information requirements.
• Assured shorthold tenancy agreement issues or missing terms.
• Missing mandatory information (deposit protection details, gas certificates).

Substantive defences

Strong defences can result in cases being dismissed entirely:

• Counterclaims for landlord breaches.
• Discrimination or retaliatory eviction claims.
• Outstanding repair issues affecting habitability.
• Rent arrears disputes or housing benefit delays.
• What is assured tenancy vs periodic tenancy confusion.

Immediate actions

Take these steps within 48 hours of receiving your notice:

• Apply for legal aid or housing support.
• Contact local housing authority for advice.
• Document property condition with photos.
• Negotiate directly with landlord for extended time.
• Gather all tenancy documents and correspondence.

FAQs

Can my landlord change the locks while I’m still living in the property?

No, this is illegal harassment and constitutes unlawful eviction. Only county court bailiffs can physically remove tenants after obtaining a possession order. Contact police immediately if this happens.

What happens if I ignore my section 21 notice completely?

Your landlord can apply for an accelerated possession order without a court hearing. You’ll receive court papers giving you 14 days to respond. Ignoring these almost guarantees eviction within 6-8 weeks.

Can I withhold rent if my landlord serves an eviction notice?

Never withhold rent as this strengthens your landlord’s case for section 8 notice grounds and can lead to faster eviction. Continue paying rent normally while challenging the notice through proper legal channels.

How long after my assured shorthold tenancy ends can my landlord serve a section 21 notice?

Landlords cannot serve section 21 notice during the first four months of any tenancy, even if the fixed term has ended and you’re on a periodic tenancy.

What’s the difference between a notice to quit and an eviction notice?

A notice to quit formally ends your tenancy but doesn’t automatically evict you. Landlords still need a possession order from court to physically remove you from the property.

That eviction notice isn’t your eviction sentence. Landlords make mistakes, courts have strict rules, and you have powerful defences. Fight back smartly, act quickly, and remember; many tenants successfully challenge these notices every day.

Facing tenant eviction?

Qredible’s network of specialist housing solicitors offers free initial consultations to assess your case. Challenge that notice, protect your rights, and fight for your home with professional legal support you can trust.

KEY TAKEAWAYS:

• Eviction notices come in two main types. Section 21 notice for no fault evictions requiring no reason but strict procedures, and section 8 notice where landlords must prove specific grounds like rent arrears or property damage.
• The tenant eviction process takes months, not days. From initial notice to actual eviction involving court applications, possession orders, and bailiff appointments, it typically lasts 6-12 months with multiple defence opportunities.
• Technical errors invalidate most notices. Many eviction notice templates contain fatal flaws in formatting, timing, or mandatory information that can completely derail the tenant eviction process when challenged properly.
• Professional legal help dramatically improves your chances. Specialist landlord and tenant solicitors spot defences that tenants miss and can often negotiate better outcomes or find grounds to challenge the entire eviction.