How to Evict a Tenant Who Won’t Leave

 

Evicting a tenant who won’t leave is one of the most stressful things a landlord must do. Navigating the legal process and paperwork can seem overwhelming, but you can do it efficiently and legally with the right guidance. This guide will help UK landlords understand their rights and responsibilities when evicting tenants so you can have a smooth and fair eviction.

 

The Legal Reasons for Eviction:

Before you start the eviction process, you must understand the legal reasons for eviction under UK law. These reasons depend on the type of tenancy agreement.

 

Assured Shorthold Tenancy (AST)

 

Most residential tenancies in the UK are Assured Shorthold Tenancies (AST). Under an AST, there are two main legal reasons for eviction:

 

Section 21 Notice (No-Fault Eviction):

       -When to Use: To regain possession of the property after the fixed term or during a periodic tenancy.

       -Notice Period: At least 2 months.

       -Requirements:

               -Must be in writing.

               -The landlord has complied with their legal obligations, such as protecting the tenant’s deposit and providing the necessary certificates and guides.

 

Section 8 Notice (Fault-Based Eviction)

 

        -When to Use: When the tenant breaches the tenancy agreement (e.g. non-payment of rent, property damage).

        -Notice Period: 2 weeks to 2 months, depending on the grounds for eviction.

        -Requirements:

               -Specify the exact grounds for eviction.

               -Provide evidence.

 

Assured Tenancy and Regulated Tenancy

Other types of tenancy, such as assured and regulated, have different and often more complicated eviction procedures. Legal advice may be needed for these cases.

 

How to Evict a Tenant Who Won’t Leave

        1. Serve the Right Notice

 

  Serving the right notice is the first step in the process.

 

Section 21 Notice

 

        -When to Use: To regain possession at the end of a fixed term or during a periodic tenancy.

        -Requirements:

               -Use Form 6A if the tenancy started after 1 October 2015.

               -The notice must specify the date of leave.

               -Can be served by hand, post or email (if permitted by the tenancy agreement).

 

Section 8 Notice

        -When to Use: When the tenant breaches the tenancy agreement.

        -Requirements:

               -Use Form 3.

               -State the grounds and date of leave.

               -Serve by hand, post or email (if the tenancy agreement allows).

 

        2. Wait for the Notice Period to Expire

 

Once the notice is served, wait for the notice period to expire. If the tenant doesn’t leave voluntarily, move on to the next step.

 

        3. Apply for a Possession Order

 

If the tenant doesn’t leave, you must apply to the court for a possession order.

 

Standard Possession Order

 

        -When to Use: Most eviction cases include rent arrears and other breaches.

        -Process:

               -Fill in form N5 (online or paper).

               -Pay the court fee (£355).

               -Submit the application.

 

Court Proceedings:

        -The court will review the application and list a hearing.

        -Both parties will present their case.

        -If granted, the tenant will be given a leave date.

 

Accelerated Possession Order

        -When to Use: For Section 21 evictions with no rent arrears claim.

        -Process:

               -Fill out form N5B (online or paper).

               -Pay the court fee (£355).

               -Submit the application.

 

Court Proceedings:

        -The court will review the application without a hearing.

        -If granted, the tenant will be given a leave date.

 

 

        4. Enforce the Possession Order

 

If the tenant still doesn’t leave after a possession order is granted you may need to use bailiffs.

 

County Court Bailiffs

 

        -When to Use: When the tenant doesn’t leave after the possession order.

        -Process:

               -Apply for a Warrant of Possession.

               -Bailiffs serve an eviction notice to the tenant.

               -Bailiffs evict.

 

High Court Enforcement Officers (HCEOs)

 

        -When to Use: This is for faster eviction after a High Court approval.

        -Process:

               -Transfer the possession order to the High Court.

               -HCEOs serve an eviction notice to the tenant.

               -HCEOs evict.

 

Eviction Process

 

It’s important to document everything throughout the eviction process.

 

Keep Copies of All Notices

 

Keep copies of all notices and proof of service (e.g. postal receipts, emails).

 

Record Communications

 

Record all communication with the tenant, including conversations, emails, and letters.

 

Property Inspection Reports

 

Keep detailed records of property inspections before and after the tenancy.

 

Legal Help and Advice

 

Evicting a tenant can be legally tricky. Consider the following options:

 

Consult a Solicitor

 

Solicitors who specialise in landlord-tenant law can offer advice and representation.

 

Using Mediation

 

Mediation can resolve disputes without court action.

 

Joining a Landlord Association

 

Landlord associations offer resources, advice and support for managing tenancies.

 

How to Prevent Future Eviction Issues

 

Preventing eviction issues starts with proper tenant selection and clear agreements.

 

Tenant Screening

 

        -Check references and credit history.

        -Interview to gauge reliability.

 

Clear and Comprehensive Tenancy Agreements

 

        -Be clear on everything.

        -Include clauses on rent, maintenance and behaviour.

 

Good Communication

 

        -Build a good landlord-tenant relationship.

        -Deal with issues promptly and professionally.

 

Eviction Costs and Finances

 

Evictions can be expensive. Be prepared for:

 

Legal Fees

 

Solicitor fees can add up, especially in complicated cases.

 

Court Fees

 

Filing for possession orders and warrants costs.

 

Lost Rent

 

Consider lost rent during the eviction process.

 

Tenant Rights

 

Respect tenant rights to avoid legal issues.

 

Notice

 

Tenants must be given proper notice before eviction proceedings.

 

Fair Hearing

 

Tenants have the right to present their case in court.

 

Right to Safe Habitation

 

Landlords must ensure the property meets safety and health standards.

 

What to Do Next

 

If you’re facing tenant eviction problems, consider:

        1. Get Legal Advice: Consult a solicitor.

        2. Join a Landlord Association: Get access to resources and support.

        3. Download Forms: Get the eviction forms from official sources.

        4. Improve Screening: Improve your tenant screening.

 

Summary

 

Evicting a tenant who won’t leave can be tough, but understanding the process and following the rules makes it manageable. Knowing your rights and responsibilities will protect your property and interests and a fair and legal eviction.

Get in touch. Or join a landlord association. They can help.