A UK-based landlord can evict a tenant in India through the rent controller or civil court under the state's rent law. Some laws, including Punjab and Chandigarh's, give NRI landlords a special route to recover a property they need for their own use. You appoint an attorney holder by a power of attorney attested by a UK notary with an FCDO apostille, and we conduct the case.
- Document route
- UK notary public, then FCDO apostille
- Time difference
- IST is 4h30 (BST) to 5h30 (GMT) ahead
- Punjab NRI right
- Section 13-B, East Punjab Urban Rent Restriction Act 1949
- Without rent control
- Notice under section 106, Transfer of Property Act
Tenant Eviction from the UK: how it works
We check whether the tenancy is governed by rent control, the Model Tenancy Act where a state has adopted it, or the general law of transfer of property, because the route and grounds depend on it. A legal notice terminates the tenancy and demands arrears. In Punjab and Chandigarh, an NRI owner who meets the conditions of section 13-B can seek eviction for own use by a summary procedure.
The eviction petition is filed with ownership and tenancy evidence, and courts usually direct the tenant to deposit arrears and pay ongoing rent. Contested cases go to evidence, where you can file an affidavit and, if allowed, testify by video. After the order, we pursue execution. We also prepare a properly drafted, registered agreement for any new tenant, which avoids most future problems.
What clients in the UK should know
- Indian law has no exact equivalent of England's accelerated possession procedure; build the expected time into your plans.
- Tenants paying rent to a non-resident must deduct tax at source and issue certificates.
- Rental income from India is reportable to HMRC with credit for Indian tax.
Step by step from the UK
Video consultation
A call at a time that suits the UK, after we have read your documents.
Documents signed in the UK
UK notary public, then FCDO apostille
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the UK where needed.
The full guide
This page covers what changes when you are in the UK. For the law, the documents and the step-by-step procedure, read our main page on Tenant Eviction, or see all services for clients in the UK and the NRI Property Law practice area.
Questions from clients in the UK
Can I evict a tenant to sell the flat?
Sale is not by itself a ground under most rent laws, but default, misuse or your own need may be. We advise on the grounds that fit.
Is a notarised rent agreement valid?
It is evidence, but agreements over eleven months should be registered to be fully effective.
How long does eviction take?
From several months to a few years depending on the state and the tenant's defence.