It is important to understand that in England and Wales and in Scotland it is against the law to evict a tenant of residential property by force, or to harass a tenant to make him leave by, for example, cutting off the gas or water supply.

If you take steps to evict an occupier without a court order, you could be liable to criminal prosecution (and immediate imprisonment for three months) and/or a claim for damages by the tenant.

In addition, a landlord only has a right to evict where the agreement with the tenant contains such a right, and/or where the landlord is able to rely on one of the 'statutory grounds for possession'. The most important of the statutory grounds are:

• the 'shorthold ground' (applies to an assured shorthold tenancy), where the landlord is entitled to possession as of right on the expiry or determination of the tenancy providing the tenant (who is not in breach of the tenancy) has been given at least two months' notice and provided the proper form of notice has been served; and  

• where the tenant is in arrears of rent of more than two months in England and Wales and three months in Scotland (ground 8); here also, provided the proper form of notice has been served, you are entitled to a possession order as of right.

You can also evict a tenant for other breaches of his tenancy agreement (e.g. damaging the property or anti-social behaviour), although these proceedings will normally be more expensive and complex.

A landlord should try to deal with any breach of the tenancy agreement without delay.

In all cases, it is essential that you keep copies of the completed tenancy agreement, any notices served on the tenant (with a record of the date and method of service, and the name of the person who served it), and up-to-date records of all correspondence and communications with the tenant. These may later be required as evidence in court, should you need to apply for a court order for possession.

The law relating to the eviction of tenants through the courts is complex, and if you are in a position where you need to evict a tenant, you should consult a solicitor before taking any action. Even if you are relying on one of the grounds for possession that entitle you to a possession order as of right, the court will expect you to follow the correct procedure.

Judges dislike evicting tenants and will not do so if the landlord has not got his paperwork in order. It is very easy for someone who is unfamiliar with the process to misunderstand the rules and get things wrong.

Law stated as at 1 February 2006