How to Get Rid of a Tenant Not Paying Rent in East London 

Is your tenant not paying the rent in East London? 

Or worse, perhaps they have failed to pay the rent, and then stuck their heels in, refusing to leave the property. It’s a position that no landlord wants to find themselves in. Sadly, this occurrence is becoming more and more common, with tenants and landlords alike pressured by the cost of living in London. 

So, it’s likely that you’re wondering what the next steps are. You want to proceed legally, fairly and quickly to evict the tenant – and probably get your rent back too. This brief guide outlines the process for legally evicting a tenant – with due consideration of the new rules under the Renters’ Rights Bill. 

Summary: what to do if the tenant has stopped paying rent & won’t leave 

Here’s a quick summary of how to respond if your tenant isn’t paying rent and won’t leave.  

First off, you can’t forcibly remove them yourself (this is illegal), so you have to follow the right procedure. First, serve them a formal written notice, either using Section 8 if they owe at least two months’ rent, or a Section 21 notice for ‘no-fault’ eviction (though this is being abolished under the upcoming Renters’ Rights Bill).  

Then wait for the notice period to expire.  If they still don’t leave after the notice expires, you’ll need to apply to the court for a possession order. This legally requires the tenant to vacate by a specific date.  Failing that, you’ll have to apply for a ‘warrant for possession’, which authorises bailiffs to physically remove the tenant from your property. If the tenant refuses to leave to the very end, the process can be both lengthy, costly and stressful for all involved. 

It’s worth saying that you need to make sure you’ve protected the tenant’s deposit in a government-approved scheme, provided all required documents (gas safety certificate, EPC, and How to Rent guide), and kept detailed records of correspondence regarding arrears. These will be required if the case goes to court.  

Want to know more? Prevention is far less costly than eviction – read our guide on how to choose the right tenants in Tower Hamlets, explore the protection offered by rent guarantee insurance, and find out how property management companies handle arrears and tenant communications on your behalf.

How should I handle a tenant who’s not paying rent? 

1. Should you evict a tenant if they fail to pay rent? 

To some, the answer might be an obvious ‘yes’. But the fact is that eviction is a long, costly, exhausting experience which should be avoided if at all possible. And, the process will only get more complex as the Renters’ Rights Bill passes into law. 

So, what should you do first? We suggest you try to understand the reasons for their rent arrears, point them to any debt/financial advice services that could help them – and perhaps work out a repayment plan which breaks the cost down into smaller chunks. 

This is also a good idea because it keeps positive rapport between you and the tenant. You’re the helper, not the ‘villain’ chasing them for money. 

2. Contact the tenant & follow up to address arrears 

If your tenant is in arrears, the first thing to do is to reach out to them immediately. Try to have a personal conversation with them (if possible), and then follow up with a formal, written request for rent, noting the amount due, when it was due, and when you expect payment. 

Sometimes the arrears are due to an error or temporary issue rather than deliberate avoidance. 

3. Write a formal demand to settle arrears 

However, if the tenant does not respond after 2 weeks or pay the expected amount – you must send a formal demand for rent. Reference the terms of the tenancy agreement which requires them to pay and keep record of your communication attempt. 

Also, if the tenant has a guarantor, you should contact them about making up the shortfall in rent on the tenant’s behalf. 

4. Get key documents in place & check eviction is viable 

Presuming that you have tried the first steps and are resolved to evict the tenant, you need to make careful preparations. Double check the rules of the tenancy agreement to confirm the notice period and any clauses about eviction. You should also contact your insurance company to see if they can cover any lost rent, and take legal advice on the eviction process. It is also wise to talk over your options with your letting agent, if you have one, as they can help you understand the best route forwards. 

It’s worth noting that if the tenant fails to pay rent, you can also deduct this amount from their deposit with the approval of the Deposit Protection Scheme you use. 

5. Serve the right eviction notice 

Once the tenant has reached the threshold of 2 months’ arrears, you can proceed with the eviction process.  

Using a Section 8 notice… 

If you intend to claim the lost rent, then serve them a section 8 notice on the grounds of rental arrears (Ground 8), filling out Form 3 and sending it to the tenant. Fill out the ‘certification of service’ form to record that you have correctly served the tenant notice – something the courts may want to see later. It also enables you to apply for a possession order, which is important. 

Equally, it is possible to provide a Section 8 notice citing Ground 10 or 11. Unlike Ground 8, these Grounds are discretionary, meaning that it is up to the court to decide whether to evict the tenant if your case against them succeeds. Ground 10 lets you evict tenants for under 2 months’ rent arrears, and Ground 11 can be used when the tenant is repeatedly late with rent and waits until the landlord requests it. 

Finally, it is worth noting that under the Renters’ Rights Bill, Section 8 grounds for eviction will be revised, and it will be the only means to evict a tenant (as Section 21 will be banned). 

Using a Section 21 notice… 

On the other hand, you may want to serve a Section 21 notice. You don’t have to cite the fact that you’re evicting the tenant for arrears, and as long as you meet the notice requirements, the court will automatically grant you possession of the property. You can also acquire an accelerated possession order which normally prevents the case from going to court.  

However, you will have to make a separate claim if you want to reclaim lost rent from the tenant. 

There are certain requirements that have to be met in order to serve a section 21 notice. According to the government, you can’t serve the notice if… 

• It’s less than 4 months since the tenancy started. Or, if the fixed term has not ended (unless there’s a ‘break clause’ in the contract which allows you to serve notice). 
• The property is a House in Multiple Occupation (HMO), and you have not obtained the appropriate HMO licence from the council. 
• If you have not put the tenants’ deposit in a deposit protection scheme (where the tenancy started after April 2007). 
• If the council served an improvement notice on your property in the last 6 months 
• If the council served a notice saying it will do emergency works on the property in the last 6 months. 
• If you have not repaid any unlawful fees or deposits charged to the tenant (e.g. breaking the Tenant Fees Act 2019). 
• If you have not given the tenants copies of the Energy Performance Certificate (before they rented the property), the government’s ‘How To Rent’ guide, or a valid gas safety certificate (before they moved into the property) 

If you meet all the requirements, you can go ahead and give tenants the necessary 2 months’ notice, filling out Form 6A. Again, fill in the ‘certification of service’ form N215 to confirm you have correctly done this, which allows you to apply for an accelerated possession order later. 

6. Make a repossession claim after notice period expires 

If the tenant is refusing to leave after the notice period has expired, you can apply for an order of possession. There are two types you can use depending upon the notice you served. 

Standard possession order for Section 8 evictions 

You can use the online possession claim service to apply for most standard possession orders, occasionally you will need to use the postal version of the service instead. This order is made when you want to both reclaim the property and reclaim any lost rent. 

Cost of standard possession order: £404 

Accelerated possession orders for Section 21 evictions 

You can use the accelerated possession order when tenants have not left by the date specified on your Section 21 notice and you are not claiming back rent as part of the order. This is quicker than the standard possession order because it normally requires no court hearing. Fill out, print and submit the N5B form to your nearest court dealing with house repossession. 

Cost of accelerated possession order: £404 

7. Wait for the possession claim to be processed 

Once your possession order is submitted, you’ll have to play the waiting game. The process plays out slightly differently for Section 8 & 21 notices. 

How does the court process work once you’ve submitted a Section 8 notice? 

Section 8 notices inevitably lead to a court hearing, unless the tenant decides to back off and pay the rent (and you accept their decision). 

The court reviews your application to ensure it is valid and correct, and then they will set a date for a court hearing (for which you will receive around 2 weeks’ notice). This hearing is typically several weeks away – perhaps more due to the backlog of cases in court. In this time, the tenant can file a defence if they wish to contest the hearing.  

You should make sure you have all necessary documents in place for the hearing. For example, the tenancy agreement, proof of notice served, and rent arrears records. 

How does the court process work once you’ve submitted a Section 21 notice? 

Section 21 notices rarely mean you go to court, and the judge will usually grant you possession of the property without further deliberation. 

Once your application is approved, the courts pass on the order to the tenants, who will have 14 days to challenge the application. Challenges from tenants have to be serious, for example, proving that the landlord had not protected the deposit within 30 days of receiving it, or not supplying a valid gas safety certificate.  

In this situation, the judge could order a court hearing, though it is still possible for them to rule in your favour. 

8. Follow or appeal against the judge’s verdict 

If you’re attending court, the judge can either rule on the case, adjourn it to be decided another time, or reject your case for being invalid. For example, cases will sometimes be dismissed if the tenant repays the rent they owe before the hearing takes place. Losing the case or having it dismissed will mean you need to begin the whole process all over again. 

What verdict (‘order’) can the judge make on your eviction case?  

There are 3 types of orders a judge can make after a repossession hearing: 

1. Order for possession (or ‘outright possession order’) – the tenants will have to leave your property between 14-28 days after the court hearing. 
2. Suspended order for possession – tenants can stay in the property so long as they pay rent in line with terms of the court order. 
3. Money order – tenants have to pay to an amount set by the court. Bailiffs can recoup costs or the court can deduct wages if they fail to pay up. A money order can be appended to any possession order. 

If you feel that the judge has made a mistake, it is possible to appeal against their decision, though criteria for doing so is strict. 

9. Apply for a warrant of possession 

If your tenants still refuse to leave your property after the notice given in the order of possession, you can apply for a warrant of possession. This means that court bailiffs can evict the tenant if they fail to vacate the rental property. 

How do I apply for a warrant of possession? 

You will need to apply by using either the N325 Form or online possession claim service (if you used this previously). The court will then send you a warrant number and an EX96 notice of appointment. It’s very important to fill out this notice and return it to the court to confirm you wish to proceed with the eviction – if you don’t, it will be cancelled! 

Is there an alternative to a warrant of possession? 

Yes, a writ of possession from the High Court – which achieves eviction through High Court officers instead of County Court bailiffs. You will need to apply for one using Form N244 through the County Court, and the court tends to grant a writ of possession in particular circumstances (e.g. financial hardship on your part or damage being caused to your property). 

How much does a warrant & writ of possession cost? 

The initial warrant of possession costs £148, and transferring it to the High Court costs a further £123. The High Court sealing of the writ of possession costs another £80. 

10. Eviction takes place 

Finally, either the tenants will leave willingly or be forced to leave via bailiffs on the date confirmed by the warrant of possession. If your tenant owes you money after the eviction because you used a Section 21 notice, you will need to reclaim costs through the courts separately. 

Want to find out more? Having the right paperwork in place from the outset strengthens your legal position – discover how to create a rental property inventory to protect against deposit disputes, review the legal responsibilities of a landlord you must meet before serving notice, and explore estate agent letting fees to see whether full management could reduce your exposure to arrears.

What not to do if your tenant fails to pay rent 

It’s essential that you follow the eviction process in a legal manner. If you don’t, it could derail the entire process, and even mean you’re the one getting convicted! You can’t harass or threaten the tenants, trespass on the property, or interfere by changing the locks. This will only hamper your case and give the courts reason to dismiss your case. 

How much does eviction cost landlords in east London? 

Unfortunately, it can cost thousands once various costs are factored in. Here’s a table summarising the fixed costs associated directly with the eviction process: 

Eviction Stage	Cost	What the cost covers
1. Possession Order	£404	Court fee for standard or accelerated possession claim (paper application)
2. Warrant of Possession (County Court)	£148	To request County Court bailiff enforcement (Form N325)
3a. Transfer to High Court	£123	Permission to transfer warrant from County Court to High Court
3b. Writ of Possession (High Court)	£80	To seal the writ after transfer to High Court
TOTAL (County Court route)	£552	Possession order + warrant of possession
TOTAL (High Court route)	£675	Possession order + transfer + writ (excludes HCEO fees)

Needless to say, these costs are just the beginning, and they assume that you make the applications yourself, and do not hire a solicitor (which is more expensive). When you add up lost rent, any re-applications for eviction, and any solicitor involvement whatsoever – costs can run into thousands of pounds very quickly. 

How long does eviction take in east London? 

The courts aim to complete the repossession process in 8 weeks, but it is common for eviction to take far, far longer. For example, Shelter estimates that Section 21 evictions can take a whole 6 months from initial notice to bailiff eviction. Courts in east London tend to be busy, meaning that eviction could take longer still – or not. It all depends upon your specific case and the court’s backlog. 

How will I evict a tenant without Section 21 after the Renters’ Rights Bill?  

The Renters’ Rights Bill received Royal Assent on the 27^th October 2025, which means that it is soon to become law, and its form is ‘fixed’. There will be no more debate over its proposals, so landlords need to get ready for it now, making sure they understand the new rules around eviction. 

So, how will you evict a tenant when the bill becomes law? 

The bottom line is this: you will have to follow the Section 8 eviction process, because Section 21 will be altogether removed. The Section 8 eviction process will be largely the same as before, but the grounds for eviction will be updated. 

For the purposes of this article, let’s look at how this applies to evicting a tenant who is not paying rent. There are two notable changes: 

1. There will be a longer grace period for arrears – the mandatory threshold for eviction will be 3 months arrears (not 2 months). 
2. There will be a longer notice period for arrears – the required notice period will be 4 weeks (not 2 weeks) 

The discretionary grounds for arrears will remain the same, however, so you can attempt to evict tenants under grounds 10 and 11, as explained earlier. 

Finally, if you wish to repossess the property for yourself or to sell/redevelop it, this will have to be done under Section 8. Tenants wil have a 12-month protected period at the beginning of the tenancy where these grounds cannot be used, and once the 12-month period is up, you will have to provide them with 4 months’ notice. 

Need help with eviction? 

Eviction is an unpleasant process, and a time of anxiety for landlords who are missing out on rent and worried about their property. And, even if you’re not currently evicting tenants, it is important to have a plan in place which protects your investment property and prevents you losing essential income. 

Wextons letting agents can guarantee your rent each month – even if the tenant does not pay – with our guaranteed rent services across many east London areas like Bromley Even better, we’ll cover every aspect of property management along with any void periods, so you easily enjoy a passive income from your rental property. Contact us today to find out more about our flexible leasing options for landlords in Whitechapel, Bromley, Wapping, Bethnal Green and beyond.