Can a tenant be evicted for drug use?

Discovering that your tenants use illegal drugs can really leave you in a tricky situation – especially if they are otherwise upstanding tenants. In most cases, landlords will feel conflicted about what to do next. 

Do you turn a blind eye and pretend everything’s peachy? Do you say something and potentially risk losing out on rent? You may think, ‘Well, it’s not my problem.’ But it is! You may even be wondering if a tenant can be evicted for drug use, and the answer is yes. 

Every landlord has a duty of care to themselves, their tenants, and the local community. Whilst we understand that it may be tempting to hope for the best and leave tenants to work things out for themselves, failing to act could result in serious legal implications for you.

In the past, landlords dealing with tenants using or distributing drugs relied on Section 21 ‘no fault’ notice without having to prove the illegal activity to the court. The new Renters’ Rights Act 2025, however, has got rid of this notice, resulting in landlords having to use the Section 8 framework instead. 

So, how can a tenant be evicted for drug use?

Are landlords responsible for nuisance tenants?

Firstly, it’s important to understand your responsibilities as a landlord. Surprisingly, it’s not just noisy tenants that landlords can be held liable for. In fact, landlords can also be liable for tenants’ illegal activity – including drug use.

According to the Antisocial Behaviour Act 2003, illegal drug use is antisocial behaviour. Unfortunately for landlords, this means that even if you’re not the one undertaking the activity, you can still be held liable. However, liability will depend on the circumstances of the event. (Gov.uk)

Say, for example, your tenant is using illegal drugs, and you are unaware, you will not be liable. If you are aware, however, you can be held liable. Though it’s worth noting that you will only be liable if your tenant is using cannabis or opium. This means that if you know your tenant regularly uses cocaine and you don’t take action, you have not committed an offence under Section 8 of the Misuse of Drugs Act.

Signs of drug use in apartments

While you should never jump to conclusions about your tenants, it’s important to keep your eye out for potential signs of drug use in apartments and rented property, such as:

• Drug paraphernalia – if you notice illegal drug paraphernalia lying around when you conduct a property inspection, this could be evidence that your tenants are using drugs
• The smell of cannabis – if you receive complaints from neighbours about the smell of cannabis or other strong chemical odours, there is a good chance that your tenants are using drugs. You should save any texts, emails, phone records, or letters, as these can later be used as evidence
• Lots of visitors to the property – if neighbours report that there are lots of visitors to the property, especially late at night, your tenants may be using drugs, or possibly even selling and supplying
• Complaints from housemates – if you own a house in multiple occupancy (HMO), complaints from other housemates may indicate potential illegal drug use
• Antisocial behaviour issues – people who use or misuse illegal drugs are generally irritable, aggressive, paranoid, and unpleasant to be around. It’s wise to keep an eye out for such behaviour
• Tenants stop paying rent – if your tenant is regularly using drugs, paying rent may not be their top priority, as most of their money will be spent on illegal drugs
• Tenant refuses to grant access to the property – if your tenant refuses to grant access to the property for inspections or maintenance work, it may be because they are hiding something from you. This may give you reason to believe that they could be using drugs.

Remember, regardless of your suspicions, you should always have concrete evidence before confronting or evicting your tenant.

H2: What is the Misuse of Drugs Act?

As a landlord, you may fear that you’ll face a prison sentence if your tenant is caught with drugs in your rental property. However, the reality under Section 8 of the Misuse of Drugs Act 1971 will depend on your knowledge and the type of drug activity that is taking place at your property. 

The only way you’ll be committing a criminal offence is if you knowingly allow one or more of the following activities to take place on your property: 

• The production or cultivation of any controlled drug (e.g., setting up a cannabis farm).
• The supply, attempted supply, or distribution of any controlled drug (drug dealing).
• The smoking of cannabis or opium.

Technically, you won’t be committing a criminal offence under this act if you simply know that your tenant is personally consuming drugs or possesses a class A drug, such as heroin or cocaine. Section 8 specifically restricts personal use liability to cannabis and opium.

So, if you have clear evidence of cannabis smoking or wider drug distribution and you don’t take the necessary steps to put it to a stop, you may face up to 14 years in prison. 

H2: How to Evict Under the Renters’ Rights Act

As you are aware, you will no longer be able to use the Section 21 no-fault eviction notice. Instead, you’ll need to serve a Form 3A (Section 8 Notice), referencing the specific grounds you are using to try to gain possession of your property. So, for the purpose of this situation, you’ll be using a combination of two primary grounds: 

H3: Ground 14: Anti-Social Behaviour 

This works at your discretion and can be your primary weapon against a tenant using drugs. Ground 14 applies if the tenant or their visitor is causing a nuisance to neighbours or the local community. 

• The Benefit: Ground 14 features an immediate notice period and allows you to file a claim the day after you serve the notice. 
• The Catch: The judge will need to evaluate the severity of the antisocial behaviour and the impact that it is having on the community. The judge will also look at whether or not the tenant refused to cooperate with your formal warnings. 

H3: Ground 7A: Serious Criminal Convictions (Mandatory)

Ground 7A can be implemented once the police have already raided your property and have been able to secure a conviction against the tenant for the offence. The great thing about ground 7A is that it is mandatory, so if you provide proof of the conviction within 12 months, the judge legally needs to grant a possession order. 

H2: Gathering evidence when evicting a tenant for drug use

To be able to successfully secure a discretionary Ground 14 eviction in court, you’ll need hard evidence, which can include the following:

• Logged complaints, text messages, or emails from neighbours detailing the smell of drugs or anti-social foot traffic.
• Official police incident log numbers or reports from local council noise/nuisance teams.
• Photographic evidence of property damage or drug paraphernalia gathered during lawful property inspections.

Your evidence trail will massively impact your filing for repossession with the court. Review our framework on how to handle a breach of the tenancy agreement to ensure your documentation holds up in front of a judge. 

Howcan a tenant be evicted for drug use?

But the question is, can a landlord evict a tenant be evicted for drug use? The short answer is yes. However, it depends on the circumstances. If you are made aware of drug use on your property, it’s important to take the complaint seriously. While eviction may seem like the immediate solution, it should be a last resort. Instead, it’s best to first speak with your tenant and hear their side of the story – but only if you feel safe doing so.

If your tenant regularly uses illegal drugs, it’s unlikely that you will see a quick change in their behaviour. In such cases, it’s wise to issue a written warning and inform the police. Being confronted about their drug use may be upsetting for your tenant, so it’s advisable to work with a support agency to make sure your tenant gets the support they need.

If your tenant continues to use drugs, it may be time to issue a section 8 notice. Just make sure that you give your tenant the right amount of notice. Also, note that you may be required to provide evidence of illegal drug use at a court hearing.

If you don’t take action or the tenant continues to engage in antisocial behaviour, the police and council could issue a closure notice. Usually, this will shut down the property for 48 hours and prevent anyone from entering – including the landlord.

In some cases, the police or council may even apply to the courts for a premises closure order (PCO). A PCO can last up to three months and is any landlord’s worst nightmare. Even if the tenant moves out, you won’t be able to rent out the property during this period, meaning you will lose out on rent. And to make matters worse, you could even lose your landlord’s licence. With all that in mind, it’s crucial to do all you can to take action and help your tenant. Head here to learn more about drugs in rental properties.

How can CIA help

The process of evicting your tenant isn’t always straightforward. You may find that your tenant refuses to leave. In such cases, the costs can really start to add up – be it covering legal assistance or courts and bailiffs. To avoid feeling the pinch, it’s wise to take out a landlord insurance policy and legal expenses cover. At CIA, we can help you find an affordable policy that protects your property and then simply add our Legal Protection policy for just £16.00 to assist with tenant eviction.  Get a quote or request a callback today. We look forward to chatting with you soon!

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