Evicting a Tenant

Leopoldine Mineo

How to evict a tenant: Guidance for landlords

Evicting tenants is rarely straight forward. It is a challenging and complex procedure that any landlord wishes they did not have to go through. It is fundamental to understand the processes, the rights your tenants have and the grounds available for evicting them. If the correct procedure is not followed or the right grounds not raised, it can become a nightmarish procedure leading to costs, delays or claims of unlawful evictions. This guidance aims to provide an overview of the eviction process in the United Kingdom.

The legal grounds for eviction

UK law requires a legal basis to allow you to evict your tenants. The most common grounds include breach of tenancy agreements, non-payment of rent, expiry of the fixed term or the landlord wishing to sell the property.

The correct procedure depends on the type of tenancy, which is usually either an assured short-hold tenancy (AST) or a regulated tenancy.

The two main legal procedures to evict tenants are as follows:

• Section 8: where the tenants have breached the tenancy agreement by not paying rent or causing a nuisance, for example. A section 8 must rely on the legal ground prescribed by the Housing Act 1988.
• Section 21: where the tenancy fixed term has come to an end and where the landlord has no specific reason, as long as the tenancy agreements and legal requirements are met. This is known as the “no fault eviction” and changes are afoot to ensure this procedure is no longer available and possession can only be obtained on the basis of some specific ground.
  

Section 8 Notice: where the tenants have breached the tenancy agreement

As mentioned above, a Section 8 notice is be served where the tenants have breached their tenancy agreement. This can be by failing to pay rent, damaging the property or causing nuisance.

The grounds for a Section 8 notice are listed in Schedule 2 of the Housing Act 1988. Some grounds are mandatory, which means the Court must order possession if they are triggered. Some are discretionary, and so at the discretion of the Court. These include:

• Rent Arrears: Grounds 8, 10, and 11, for example where the tenants owe two months of rent arrears.
• Damage to the Property: Ground 13.
• Anti-Social Behaviour: Grounds 12 and 14.
• Breaching Tenancy Terms: Grounds 12 and 15.

Depending on the grounds raised for seeking eviction, the notice period can vary. For rent arrears, the notice period can be as short as two weeks, while other grounds may require longer notice periods.

If the tenants remain in the property after the notice period expires, landlords can apply to the Court for possession.

Section 21 Notice: no fault evictions

A Section 21 notice is usually served where the term of the tenancy has expired. They are so-called the “no-fault” eviction notices and have strict requirements, which include:

• Protecting the Deposit: If a deposit has been taken, it must be protected in a government-approved scheme within 30 days of receipt.
• Providing the Tenant with Required Documentation, which includes an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the “How to Rent” guide at the start of the tenancy.
• Using the correct form of notice : a Section 21 notice must be issued using the prescribed form
• Not during the fixed term:: generally, Section 21 notices are issued at the end of the tenancy’s fixed term or during a rolling tenancy.
• Not charging illegal fees: under the Tenant Fees Act 2019, Section 21 cannot be used if an illegal fee has been charged to the tenants, for example reference fees.

The minimum notice period for a Section 21 notice is two months.

A valid Section 21 notice is valid for six months. If court action is not taken within this period, the notice will expire. If it expires, the landlord may need to serve a new section 21 notice.

Possession Orders in Court

If the tenants do not vacate the property after the notice period, the landlord must apply for a possession order through the Court. There are two types of possession orders:

• Standard Possession Order: where the landlord seeks possession through a Court hearing. The tenant will have an opportunity to dispute the eviction.
• Accelerated Possession Order: where evicting under Section 21 notices. This is a faster process if the correct paperwork has been filed and where there is no Court hearing.

If the Court grants possession, the tenants are required to vacate the property by a specific date. If they do not comply, the landlord can apply to enforce the order for possession through a warrant for possession, allowing the bailiff to remove the tenants from the property.

Tenant‘s rights

Landlords must be extremely careful to follow the right procedures and use valid notices when evicting tenants. They should not evict them without a Court order, should not change the locks or harass the tenants to vacate the property.

The Deregulation Act 2015 states that landlords cannot serve a Section 21 notice if the tenants have complained about the property being in disrepair and the council has issued an improvement notice.

Best practices for landlords

Best practices and employing competent solicitors can ensure smooth processes for the landlords who wish to evict their tenants:

• Keeping records: keep a diary of of all interactions with the tenants, and document payments of rent, and any breaches of the tenancy agreement.
• Conducting inspections: property inspections regularly can help identify issues at an early stage, ensuring maintenance of the tenancy and documenting evidence if the eviction is necessary.
• Keeping a good relationship with tenants to avoid lengthy and costly Court procedures.
• Using reputable solicitors who know the right procedures, keep themselves updated with the law and can assist you in these challenging times.

If a tenant stays on your property without permission after their tenancy has ended, they may attempt to claim ownership through adverse possession, which is a separate issue we can help you with.

The Renters Reform Bill

The proposed Renters Reform Bill seeks to remove the “no-fault” evictions. The bill also includes proposals to strengthen tenants’ rights and introduce higher standards for rentals. If it is applied, the right of landlords could be seriously affected. It is therefore essential to be properly advised of the correct procedures.

How we can help

The eviction procedures are highly regulated to protect tenants’ rights and prevent unlawful evictions. Osbornes Law can advise landlords and assist them in these difficult times by ensuring the right procedures are followed and the tenants are evicted in accordance with the law. Do not hesitate to contact our experts in evictions if you are facing tenants breaching their tenancy agreements or if you wish to seek possession at the end of a fixed term tenancy.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811