Dealing With Antisocial Behaviour: The Tenant Eviction Process for Landlords
How to evict a tenant for antisocial behaviour in England, covering Ground 14 and Ground 7A, the no-notice rule and 14-day wait, what the court weighs, and building the evidence.
How do I evict a tenant for antisocial behaviour?
Serve a Section 8 notice (Form 3A) relying on Ground 14 (discretionary) or, if a qualifying conviction or court finding exists, Ground 7A (mandatory), then apply to the county court. Neither ground has a notice period, so you can issue a claim as soon as the notice is served. The court cannot make a possession order until 14 days after the notice.
That is the rule in the government's grounds for possession guidance and section 8(4) of the Housing Act 1988. You can never remove a tenant yourself. Unlawful eviction and harassment are offences under the Protection from Eviction Act 1977.
Ground 14 or Ground 7A?
| Ground 14 | Ground 7A | |
|---|---|---|
| Type | Discretionary: you must also show possession is reasonable | Mandatory: if proved, the court must order possession |
| What triggers it | Conduct by the tenant, a resident or a visitor that causes or is likely to cause nuisance or annoyance to people in the locality, or to the landlord or managing staff; or a conviction for using the property for illegal or immoral purposes, or for an indictable offence in the locality | One of five: a conviction for a serious offence listed in Schedule 2A to the Housing Act 1985; a court finding of breach of an ASB injunction; a conviction for breaching a criminal behaviour order; a closure order that kept people out for more than 48 hours; or a conviction for breaching a noise abatement notice or order about noise from the property |
| Notice period | None; the court cannot make an order for 14 days | None; the court cannot make an order for 14 days |
| Deadline to serve notice | None in statute | Within 12 months of the conviction or finding, or 3 months of the closure order (time runs from the end of any appeal) |
| Can the court waive the notice? | Yes, if just and equitable | No (s.8(5)) |
| Does an unprotected deposit block the order? | No | No |
| Likely outcomes | Outright order, suspended order, adjournment or dismissal | Possession order, delayed by no more than 14 days (6 weeks for exceptional hardship) |
Sources: Schedule 2, Grounds 7A and 14; s.8(4) and (4C)–(4F); Housing Act 2004, s.215(4); Housing Act 1988, s.9; Housing Act 1980, s.89. A Ground 7A condition is not met while an appeal against the conviction, finding or order is still pending.
You can plead both grounds in the same notice. If the Ground 7A trigger is later overturned on appeal, Ground 14 is still there.
The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, (aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or (b) has been convicted of— (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an indictable offence committed in, or in the locality of, the dwelling-house.
What the court must weigh under Ground 14
When deciding whether possession is reasonable on Ground 14, the court must consider, in particular (Housing Act 1988, s.9A):
- the effect the nuisance or annoyance has had on other people;
- any continuing effect it is likely to have on them;
- the effect it would be likely to have if the conduct is repeated;
- whether the tenant has co-operated with any attempt by the landlord to get the conduct to stop.
In an HMO, the court must pay particular attention to the effect on the other occupiers who share facilities with the tenant.
The last point is why warnings matter. A dated warning letter that the tenant ignored is evidence that goes straight to a factor the court is required to consider.
Building the evidence
- Keep an incident log. Record the date, time, what happened and who was affected. "Loud music at 2am on 14 March, audible from the street" is evidence. "Noisy tenant" is not.
- Get neighbours to report to the authorities. Police incident numbers and council records are independent evidence. The council's environmental health team can serve a noise abatement notice under the Environmental Protection Act 1990, s.80. A conviction for breaching one, where the noise comes from your property, is a Ground 7A trigger.
- Write to the tenant. Name the specific behaviour, ask for it to stop and keep proof of delivery. Record any response or any refusal to engage.
- Collect witness statements. Neighbours who will sign a statement and attend the hearing make a far stronger case than your second-hand account.
- Watch for Ground 7A triggers. If a conviction or injunction breach finding arrives, note the date. You have 12 months to serve a notice relying on it (3 months for a closure order).
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Serving the notice and going to court
- Serve Form 3A, the prescribed Section 8 notice for private landlords (GOV.UK forms). Specify each ground and give particulars of the conduct relied on. The court can only order possession on grounds in the notice unless it gives permission to add them (s.8(2)).
- Issue the claim. You can do this immediately. Issue within 12 months of serving the notice (s.8(3)(c)).
- The hearing. Under CPR 55.5(3), the hearing is at least 28 days after issue, and the standard period is no more than 8 weeks. No order can be made within 14 days of the notice.
- The outcome. On Ground 14 the court may make an outright order, suspend it on conditions (for example, that the behaviour stops), adjourn, or dismiss the claim (s.9). If a suspended order's conditions are broken, you apply to enforce the existing order. You do not start again.
- Enforcement. If the tenant does not leave by the date in the order, apply for a warrant of possession. Only court enforcement officers can remove the tenant.
For the court stages in detail, see the Section 8 possession court process.
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Try it freeFrequently asked questions
What is the notice period for antisocial behaviour?
There isn't one for Grounds 7A or 14. You can apply to court as soon as the notice is served, but the court cannot make a possession order until 14 days after the notice (GOV.UK).
Can a judge refuse to evict even if the behaviour is proved?
On Ground 14, yes. It is discretionary, and the court must also find possession reasonable, weighing the factors in s.9A. On Ground 7A, no. If a condition is met and the notice was served in time, the order is mandatory.
Does the behaviour have to happen at the property?
Not necessarily. Ground 14 covers conduct affecting people in the locality or directed at the landlord or managing staff. Ground 7A can cover a serious offence committed elsewhere against a neighbour, the landlord or managing staff (Schedule 2).
Do I need the deposit protected to evict for antisocial behaviour?
Not for an order on Grounds 7A or 14. The deposit condition in Housing Act 2004, s.215 does not apply to those grounds, though you still owe the deposit duties. If you add another ground, such as Ground 12, possession on that ground is subject to the deposit rules.
Can I change the locks if the tenant is dangerous?
No. Call the police about any immediate risk and use the court process for possession. Evicting without a court order is an offence under the Protection from Eviction Act 1977.
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LandlordReady's guides are written for landlords who manage their own properties. They are researched from primary sources (legislation.gov.uk, GOV.UK guidance and the HSE), and each guide shows when it was last reviewed. They are general information, not legal advice.
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