Tenant Eviction Process for UK Landlords
Evicting a tenant can be a challenging and emotionally charged process for landlords. While it’s an action of last resort, understanding the legal framework and procedures is vital. This guide will provide clear information on legal requirements and best practices to ensure a smooth and lawful eviction. Our property solicitors aim to provide landlords with clear and precise information on the legal requirements and best practices to facilitate a smooth and lawful eviction process.
There are three vital stages to an eviction process. These include serving notice, issuing proceedings, and eviction by bailiffs.
1. Serving Notice
The notice period is the initial step in the eviction process. It involves a written notice to the tenant, which is a formal communication informing the tenant about the landlord’s intent to regain possession of the property. Eviction notices involve reviewing the tenancy agreement documents and drafting the notice before serving it to the tenant. The documents to review include your tenancy agreement, guarantor agreements and other documents that may be included in the tenancy arrangements.
The notice you serve your tenant depends on the type of tenancy and the reasons for the eviction. As a landlord, it is vital that you serve your tenant the correct type of notice in compliance with the law and your specific circumstances. This is because serving the wrong notice could delay the eviction process, as you will have to serve the correct notice after that, even after already waiting for the notice period to issue proceedings. Serving the proper notice also ensures the eviction steps move smoothly enough to avoid an overly costly process, particularly if the landlord is not receiving rent.
Notice Period for Assured Shorthold Tenancies
When learning about eviction notices, it is helpful to know about Assured Shorthold Tenancies (ASTs) as they are the most common form of tenancy agreement in the United Kingdom and are used frequently in the private rental sector. These agreements typically offer a fixed term, usually six or twelve months, during which the tenant has the exclusive right to occupy the property. You can only evict fixed-term occupiers once the term has ended unless the agreement allows it to end early through a break clause.
ASTs provide a structured framework that benefits both landlords and tenants by offering security and clear guidelines. An AST grants the landlord an automatic entitlement to repossess the property once the initial fixed term expires, contingent on providing a reasonable notice period.
Notice periods in Assured Shorthold Tenancies (ASTs) cover the legally mandated timeframe for landlords to terminate the tenancy. Typically, a notice period for ASTs is set at two months. This allows landlords to provide tenants enough time to prepare for their departure.
Drafting an Eviction Notice
Creating a draft of your eviction notice may require the following details:
- Party details include who is signing the eviction notice and the signatory’s details (the signatory is the person signing the notice, such as the landlord, joint landlords or someone acting on your behalf, e.g., an agent).
- It may also include the tenant’s or contract holder’s name (whether they are joint tenants or more than one contract holder).
- Eviction details include the address of the property or dwelling, the date the eviction notice will expire, and when you plan to send the notice.
Types of Eviction Notices
The two types of eviction notice you can serve your tenant include Section 21 and Section 8 Notices.
Understanding the differences between these two notices is essential to navigate the eviction process effectively and protect both landlord and tenant rights.
Section 21 Notice
Section 21 Notices are sometimes called “no-fault” notices or “notice to quit” because they can be given to tenants without any specific reason from you, the landlord. The notice period for a Section 21 notice is typically two months. A landlord can use it to regain possession of their property at the end of a tenancy or during a periodic tenancy. You must provide it in writing, and it cannot expire before the end of the fixed-term tenancy.
If you’re giving a Section 21 Notice, remember that you have to follow the rules guiding it. The essential details to take note of if you want to serve a Section 21 Notice include confirming that you protected the tenant’s deposit in a government-approved scheme, checking that you served the EPC, and How to Rent Guide and Gas Safety Certificate (if applicable) to the tenant at the outset of the tenancy. You must do so if these have not been served before serving your tenant the Section 21 Notice.
If the tenant does not vacate the property after the Section 21 notice expires, you can initiate court proceedings to regain possession. Unlike Section 8, there is no requirement to prove a breach of tenancy.
Section 8 Notice
A Section 8 Notice is used when a tenant has breached their tenancy agreement. This breach could be due to rent arrears, anti-social behaviour, or other lease violations. Unlike Section 21, Section 8 requires the landlord to provide a specific reason for seeking possession.
The notice period for a Section 8 Notice can vary depending on the grounds for possession. In cases of rent arrears, it’s typically two weeks. For other breaches, it may be two months.
You must provide evidence supporting the grounds for the reasons listed in the notice. This might include rent arrears statements, records of communication, or witness statements.
Both Section 21 and 8 Notices have specific requirements and legal procedures that landlords must follow. You should consult with legal professionals to ensure you serve the correct notice in compliance with the law and your specific circumstances. It is also advisable to seek legal advice if both types of eviction notices apply to you.
Another vital thing to remember is that as a landlord, you cannot force the current tenant to leave even after you have served the eviction notice. A landlord’s notice does not guarantee a tenant’s departure from the rental property. Tenants have legal rights and may contest the notice, request extensions, or negotiate, which can lead to a lengthier legal process if you cannot reach a resolution amicably.
Also, thorough documentation is essential in contested evictions. It serves as a reliable record of all interactions, communications, and disputes, providing critical evidence for the legal process. Well-documented records substantiate claims, protect your rights as a landlord, and help ensure a fair and just resolution in contested eviction cases.
Thorough documentation in contested evictions also helps you avoid potential allegations of harassment and legal repercussions. Clear, well-maintained records demonstrate a commitment to transparency and adherence to legal processes, reducing the risk of being accused of mistreatment or unlawful actions.
If the tenant fails to remedy the breach or vacate the property after receiving an eviction notice, you can apply for a possession order to the court. The court will assess the evidence and determine whether to grant possession.
2. Issuing Proceedings
As a landlord, you should know when you are entitled to issue proceedings to seek possession. You must apply to a court for a possession order to evict a tenant who does not leave when the notice ends, as you cannot evict them yourself. You can proceed with court action as soon as the notice period ends, and you have four months from the end date on the notice to apply. The notice is not valid after that date.
It could take between a few weeks and several months for you to get the court order. Different factors affect how long it takes. These include how busy the court is, if a hearing is needed and how quickly you begin the process. Proceedings for a possession claim against a tenant who has refused to vacate the property must be started in the county court for the district where the property is located.
Applying for the Right Possession Orders:
Standard Possession Order
A standard possession order is a legal remedy used in the United Kingdom by landlords seeking to regain possession of their rented property. This court eviction process is employed when tenants fail to vacate the premises after receiving a valid notice from the landlord.
To obtain a standard possession order, the landlord typically initiates court proceedings. The court evaluates the case, and if the landlord can provide evidence of their legal entitlement to the property and a legitimate reason for eviction, a standard possession order may be granted. This process often involves a court hearing where both parties present their cases, and a judge makes a decision.
A Section 8 Eviction Notice plays a significant role in obtaining a standard possession order in the UK. Unlike a Section 21 Notice, which allows for “no-fault” evictions, a Section 8 notice is issued when a tenant breaches the terms of their tenancy, such as falling into arrears. The Section 8 notice is vital in establishing the legal basis for eviction and ensuring a smooth transition to the possession order stage.
While a standard possession order may take longer than an accelerated one, it is a necessary legal step when the situation involves complex issues, disputed facts, or the tenant contests the eviction. It ensures that the eviction is carried out in compliance with the law, protecting the rights of both landlords and tenants.
Accelerated Possession Order
An accelerated possession order is a valuable legal tool for landlords in the United Kingdom seeking a quicker route to repossess their rental property.
If your tenant has yet to vacate the property by the date specified in your Section 21 notice, and you are not pursuing rent arrears, you have the option to seek an accelerated possession order.
This approach is often faster than the process for a standard possession order and typically does not involve a court hearing. Instead, a judge typically reviews the case based on the written submissions from both the landlord and the tenant. This streamlined approach can lead to faster resolution and property recovery.
However, it’s important to note that an accelerated possession order can only be used for straightforward cases where the tenant doesn’t contest the eviction. If there are disputes over the eviction’s legality or if rent arrears are involved, the standard possession order process may be more appropriate. Overall, the accelerated possession order provides landlords with an efficient means of regaining their property when the conditions are met.
If you are pursuing rent arrears, there are two methods you can implement, which are standard possession procedure or accelerated procedure to get your property back, then making a separate court claim for the rent arrears.
Excluded Tenancies
Some tenants and licensees can be peaceably evicted once their tenancy or license to occupy has been ended without a court order. They are referred to as excluded occupiers under the Protection from Eviction Act 1977.
When the occupier holds a written agreement that outlines a specific notice period, the landlord must adhere to the agreement’s terms. Any deviation from these terms would render the notice invalid and ineffective in terminating the agreement.
When the occupier holds a fixed-term contract, they have the right to stay in the property for the duration of the agreed term. The landlord can only initiate an eviction before the fixed term concludes if a break clause permitting such action is included in the contract.
When the occupier has no right to rent, the landlord may issue a 28-day notice in a prescribed form to terminate the tenancy. Upon notice expiration, you can repossess the property without the need for a court order.
Exception For Assured and Regulated Tenancies For pre-15 January 1989 Tenancies
Section 3A of the Protection from Eviction Act 1977 was introduced on 15 January 1989. This section established certain rights and protections for excluded occupiers. If a tenant falls into one of the excluded categories under the Rent Act 1977 and their tenancy agreement began before 15 January 1989, without any rent increase or substantial variation of terms on or after that date, they may not be considered an excluded occupier under this particular legislation.
If there are other factors at play, it is advisable to seek the help of an experienced legal professional who can interpret the intricacies of these agreements and ensure that all parties’ rights and responsibilities are upheld.
3. Eviction by Bailiffs
Eviction by bailiffs is the final stage of the eviction process if tenants fail to vacate the property. This involves a Warrant of Possession application.
Warrant Of Possession
A Warrant of Possession application is a critical step in eviction if tenants fail to vacate the property, even after the court has granted a possession claim. Once a possession order is obtained from the court, tenants are legally obligated to leave the premises. If the tenant fails to vacate the property within the specified timeframe, the landlord must apply for a Warrant of Possession, which grants bailiffs the authority to remove the tenants from the property physically. This typically involves a visit to the property to ensure that the tenant complies with the court order.
This step becomes necessary when all other avenues for eviction have been exhausted, emphasizing the importance of adhering to the legal process while safeguarding the landlord’s right to regain their property.
Getting a granted warrant is essential as it empowers bailiffs to intervene in eviction. This step ensures that the legal process is followed meticulously. The involvement of bailiffs, with the authority granted by the warrant, safeguards your rights and property, making it a crucial element in ensuring a smooth and lawful eviction.
While the tenant is required to leave, their possessions may be removed and stored for a limited period. Eviction by bailiffs is a legally regulated process that ensures landlords regain possession of their property while protecting the rights and possessions of the tenant.
Most landlords use county court bailiffs. Some use high court bailiffs, also known as high court enforcement officers (HCEOs), particularly in cases where the eviction process has escalated. HCEOs generally have broader powers and can expedite the eviction process.
Although bailiffs and HCEOs should give the tenant at least two weeks’ notice of the eviction date, it is essential to be aware that notice periods may vary based on specific circumstances and court instructions. The exact notice period should be confirmed with the appointed bailiffs or HCEOs to ensure compliance with legal requirements.
If you need further information, our legal experts are here to help. You can call us on 020 3058 3365 between 9 am-5:30 pm.
