Overholding Tenant UK 2026 — What to Do When a Tenant Refuses to Leave After Notice Expires

The legal position of the overholding tenant — before and after a court possession order

There are two distinct phases in overholding: the period between notice expiry and the court possession order, and the period after the possession order during which the tenant still has not vacated:

• After notice expiry — before possession order: Once the possession notice period has expired and the tenant has not vacated, the tenant is in occupation without a right to remain — but they are not yet a trespasser in the strict legal sense. A landlord still cannot physically remove them. At this stage, the landlord must issue a possession claim in the County Court. The tenant remains liable to pay rent (or mesne profits equivalent to rent) during this period
• After the possession order — before enforcement: Once the court has made a possession order specifying a date by which the tenant must vacate, and the tenant remains beyond that date, they are occupying in breach of the court order. The landlord can apply to enforce the possession order via a county court bailiff (Form N325) or, by transfer to the High Court under County Courts Act 1984 s.42, via a High Court Enforcement Officer (HCEO). Again, the landlord cannot physically remove the tenant without enforcement
• Rent or mesne profits continues to accrue: The tenant remains liable for a sum equivalent to the rent (or the open market rental value, if higher) for every day they remain in occupation beyond the notice expiry date. This is claimed as 'mesne profits' — damages for use and occupation — either within the possession proceedings or in a separate money claim
• What the landlord can and cannot do: The landlord CAN communicate with the tenant about vacating; enter the property for permitted purposes with the tenant's consent; instruct solicitors to issue proceedings; apply to court for a possession order. The landlord CANNOT change locks, remove belongings, cut off gas/electricity/water, remove doors or windows, or threaten the tenant. All these acts can constitute unlawful eviction or harassment

Mesne profits — claiming damages for use and occupation during overholding

Mesne profits are the financial remedy for the landlord when a tenant remains in occupation beyond the date they were required to vacate. They are damages for use and occupation — not rent (because the tenancy has ended), but an equivalent sum:

• The measure of mesne profits: Mesne profits are typically equal to the contractual rent for the period of overholding. However, where the open market rental value of the property exceeds the contractual rent at the date of overholding (for example, where the tenancy was at a below-market rent), the landlord can claim mesne profits at the higher open market rate
• How to claim mesne profits: Include the mesne profits claim as a money judgment alongside the possession claim in the County Court proceedings. In the claim form and particulars of claim, state: the contractual rent; the date on which the tenant should have vacated; the daily rate of mesne profits (= annual rent ÷ 365); and that the landlord claims mesne profits from the date of expiry of the notice to the date of delivery up of possession. The court can award mesne profits in the same order as the possession order, or order an inquiry as to the amount
• Mesne profits after a possession order — enforcement costs: The tenant who remains after the court's possession date also exposes themselves to the costs of enforcement (county court bailiff fee or HCEO fee) being added to the money judgment against them. The HCEO enforcement fee for residential possession is recoverable from the debtor where the HCEO succeeds in executing the writ
• Separate money claim: If the landlord does not include the mesne profits claim in the possession proceedings (for example, in an accelerated possession claim where money claims are not possible), they can bring a separate money claim in the County Court after the property is recovered. The limitation period for a mesne profits claim based on contract is 6 years

Step-by-step process after notice expiry — from overholding to possession

The process for recovering possession from an overholding tenant under the Renters' Rights Act 2025 regime (in force 1 May 2026) follows the standard possession claim procedure:

• Step 1 — confirm the notice was validly served: Before issuing proceedings, verify that the possession notice was correctly served (right form, right notice period, proof of service). A defective notice means proceedings will fail and a fresh notice must be served. Under RRA 2025, the prescribed possession notice is the required form for all grounds
• Step 2 — issue a possession claim: File a possession claim in the County Court. For rent arrears grounds (Ground 8, 10, 11), use the Possession Claims Online (PCOL) system at possessionclaim.gov.uk. For other grounds, file form N5 at the relevant County Court Hearing Centre. Include the claim for mesne profits in the particulars of claim
• Step 3 — attend the possession hearing: The court will list the claim for a hearing (typically 4-8 weeks from filing). The landlord (or their solicitor) must attend. The court will hear the case and, if the ground is established (and reasonableness is satisfied for discretionary grounds), make a possession order specifying the date by which the tenant must vacate
• Step 4 — enforce the possession order: If the tenant does not vacate by the date in the possession order, apply to enforce it. For county court bailiff enforcement, use form N325 (warrant of possession). There is typically a 2-6 week wait for a county court bailiff appointment. For faster enforcement, apply to transfer the claim to the High Court under s.42 County Courts Act 1984 and instruct a High Court Enforcement Officer (HCEO) who can execute a writ of possession within days
• Step 5 — change locks only after enforcement: The landlord may change the locks and take back physical possession only after the bailiff or HCEO has executed the possession order and the tenant has been lawfully removed. Do not change locks before enforcement — even if the tenant has told you they are leaving

Unlawful eviction — the criminal and civil consequences for landlords who act without a court order

Unlawful eviction is one of the most serious risks for landlords. The temptation to take direct action against an overholding tenant must be firmly resisted. The legal consequences — criminal prosecution and civil liability for aggravated damages — can be catastrophic:

• The criminal offence: Under the Protection from Eviction Act 1977 s.1, it is a criminal offence to unlawfully deprive a residential occupier of their occupation of the whole or any part of the premises. A landlord who changes the locks, removes the tenant's belongings, cuts off utilities, or physically removes the tenant without a court order commits this offence. The penalty on conviction is an unlimited fine and/or up to 2 years' imprisonment
• Aggravated damages in civil proceedings: A tenant who has been unlawfully evicted can bring a civil claim under the Housing Act 1988 ss.27-28 for statutory damages. These damages are calculated as the difference in value of the landlord's interest with and without the tenant's right to occupy — in practice, this can result in an award of many times the annual rent. In serious cases, awards of tens of thousands of pounds have been made
• Harassment: Even short of unlawful eviction, it is a criminal offence under Protection from Eviction Act 1977 s.1(3) to harass a residential occupier with the intention of causing them to give up occupation. Harassment includes: persistent telephone calls or visits; interfering with gas/electricity/water supplies; removing doors, windows, or fixtures; entering the property without permission and with the intention of disturbing the occupier. A local authority can also serve a Community Protection Notice or seek an injunction against a harassing landlord
• Council enforcement: Local housing authorities have powers to investigate unlawful eviction and harassment complaints. They can prosecute landlords under the Protection from Eviction Act 1977 and can impose civil penalties under the Housing and Planning Act 2016 of up to £30,000 per offence as an alternative to prosecution. A conviction for unlawful eviction can also result in a Banning Order preventing the landlord from letting property in England

Frequently asked questions