Evicting a tenant can often feel daunting – even for the most experienced landlords. It’s a process governed by specific laws and regulations that aim to balance the rights of both landlords and tenants. While the procedure can vary slightly depending on whether you’re located in England, Wales, Scotland or Northern Ireland, the steps outlined below apply broadly across the UK.
Understanding the type of tenancy agreement
Before you begin, it’s vital that you understand the type of tenancy agreement in place, as this will dictate the next steps. In most cases, tenants in the UK have AST – otherwise known as Assured Shorthold Tenancy – which means landlords have certain rights to reclaim their property once the tenancy contract has ended.
For ASTs, there are two main eviction processes: Section 21 and Section 8. Let’s explore these in more detail.
Serving a Section 21 notice
A Section 21 notice is typically used to end an AST after the fixed term has ended – allowing landlords to evict a tenant without providing a reason. However, strict rules apply, and current procedures must be followed:
- Provide the correct notice period: As of recent updates, landlords must give tenants at least two months’ notice to vacate the property.
- Use the prescribed form: In England, landlords must use the official government form (Form 6A) to issue a Section 21 notice.
- Ensure compliance with legal requirements: Landlords must meet various compliance requirements, such as protecting the tenant’s deposit in a government-approved scheme.
- Expiry of notice period: Once the two-month period has expired, if the tenant has not moved out of the property, landlords can apply to the court for a possession order.
The Renters’ Rights Bill 2024
It’s worth noting that The Renters’ Rights Bill 2024 will change the process for evicting tenants in the UK and is likely to come into effect next year – probably around Spring. This will abolish Section 21 of the House Act 1988, which allowed landlords to evict tenants without a reason after their contract had ended. The new bill will mean that landlords must provide a valid reason for ending a tenancy, which could be that they want to sell the property.
Serving a Section 8 notice
If a tenant has violated the terms of the tenancy agreement, such as failing to pay rent or damaging the property, a landlord might decide to serve a Section 8 notice. It’s worth noting that there must be specific grounds for a Section 8 notice to be served, each of which has specific criteria and notice periods.
Here are the steps for serving a Section 8 notice:
Issue notice: The landlord must use a Section 8 notice form and clearly state the grounds for eviction.
Provide a notice period: This can vary depending on the grounds.
Apply for a possession order: If the tenant does not leave by the end of the notice period given, the landlord can apply to the court for a possession order.
Court proceedings
If the tenant remains in the property after the notice period, the landlord may need to take the case to court. There are two types of court processes:
- Standard possession order: Suitable for more complex cases, this process takes longer and may require a court hearing.
- Accelerated possession order: For Section 21 evictions only, this process skips a court hearing and can be quicker, provided all the relevant documentation is provided.
Enforcing the eviction
If the court grants a possession order and the tenant still does not vacate, the landlord must apply for a warrant of possession. This allows court-appointed bailiffs to remove the tenant legally.
Professional support from property experts
Evicting a tenant can be a complex process, and landlords can face severe penalties if they fail to follow the correct legal procedures. If you are a landlord, then having a professional team of property experts by your side can prove priceless.
At Shortland Horne, we specialise in lettings and property management, supporting landlords through every stage of the letting process – even the more challenging times, like evicting a tenant.
Find out more by visiting our website or speaking to a member of our team today.