Need To Evict A Tenant Legally? We’ll Guide You Through It
We support landlords through Section 8 and Section 21 evictions.
Whatever a landlord's reasons for ending a tenancy agreement, a landlord must follow the correct process to evict a tenant legally in the UK.
Our Landlord and Tenant Solicitors can help landlords serve notice to quit and can assist you to secure possession of your property quickly.
Start the eviction process today – speak to a housing solicitor.
Tenant eviction
There are many reasons why you may want your tenant to leave your property. Some of the reasons may be sudden, and others may be a long time in the making. Your tenant may be faultless or in breach of their tenancy agreement.
When you need to evict a tenant, there are two routes you can take, but if you get the route wrong or don’t follow the correct process, you may be accused of illegal eviction. You may have to start the eviction process again, costing you time and money. That’s why Eviction Solicitors recommend that UK landlords take legal advice on how to evict a tenant legally before they give their tenant notice.
How to evict tenant legally UK
How to evict tenant legally UK is not straightforward, as invariably a landlord can choose to serve either a Section 8 notice or a Section 21 notice to start the eviction process. Some landlords think that it's best always to start no-fault eviction proceedings and to begin the process by sending a Section 21 notice. However, that may not be the best way to secure possession quickly. Our specialist Eviction Lawyers for Landlords can advise you on the best approach to a quick possession.
OTS Solicitors' eviction legal advice is based on your needs and goals. For example, you may need possession quickly if the tenant has damaged the property, is not paying the rent, or if you need to move back into your old home.
The eviction process
The UK eviction process to evict tenant legally can be broken down into six stages:
- Serve the appropriate notice to quit.
- Start possession proceedings if the tenant doesn’t leave the property by the date on the notice to quit.
- Obtain a possession order – the length of the possession proceedings will depend on whether the tenant can defend the possession claim.
- Instruct bailiffs if the tenant has not left the property by the date specified in the possession order.
- Secure the eviction.
At each stage of the eviction process, something can go wrong. For example, a landlord being accused of harassment, service of an invalid notice to quit, or delays in the possession proceedings. Our London Eviction Solicitors understand how vital it is to ensure that the eviction process proceeds as quickly and as smoothly as possible, whatever the circumstances of the possession claim.
Serving notice to quit tenant UK
Notice to quit can be served under either Section 8 or Section 21 of the Housing Act 1988. It is essential to check which process to follow. Get it wrong, and the possession claim and eviction will take longer.
Serving notice to quit isn't as simple as texting your tenant to explain that you cannot renew the rolling tenancy agreement. A notice to quit must be sent using the set form and after the tenant has been given the prescribed information. If you don’t send the correct forms, you may not realise that an invalid notice was sent until you try to start possession proceedings. That may mean a one-month or two-month delay.
Section 21 notices
A Section 21 notice enables a landlord to regain possession of their property without giving a reason. It is therefore referred to as a no-fault eviction, as the tenant may not have done anything wrong.
To serve a valid Section 21 notice to quit, a landlord must:
- Give the tenant at least two months' notice.
- Have supplied the tenant with all the required paperwork at the start of the tenancy agreement.
- Have protected the tenant’s deposit in accordance with the deposit rules.
At the end of the valid notice period, a landlord must initiate possession proceedings if the tenant has not left voluntarily.
Section 8 notice to quit
A Section 8 notice to quit can be served where there is evidence that the tenant is in breach of their tenancy agreement. It is crucial to correctly identify the breach in the tenancy agreement because:
- Section 8 notice periods vary from two weeks to two months.
- Some Section 8 notices lead to mandatory possession, but others allow the court to exercise discretion and refuse the possession claim.
- If the wrong grounds are used, a tenant may be able to defend the possession claim or delay it successfully.
Section 8 Eviction Solicitors can help you navigate the best grounds to use to secure possession of the property.
Tenant eviction for landlords
Tenant eviction can be a challenging process for both the landlord and tenant. A tenant may choose or be advised not to leave the property until eviction day, and that delay may cost a landlord time and money. Trying to inappropriately speed up the eviction process could result in accusations of landlord harassment and illegal eviction. That’s why landlords need to tread carefully and ensure that they and their Landlord and Tenant Solicitors follow the correct Section 8 notice or Section 21 notice process to secure a possession order and eviction.
At OTS Solicitors, our Tenant Eviction Lawyers help London landlords and those in the South East and nationally to regain possession of their property. We understand the challenges facing landlords with the Renters' Rights Bill and the economic uncertainty, and we will act quickly and efficiently and provide you with the specialist landlord legal advice you need to navigate complex and changing housing law.
Start the eviction process today – speak to a housing solicitor.
Appointments are available at our offices in central London, by phone, or online consultation.
Frequently Asked Questions on Tenant Eviction
What’s the difference between Section 8 and Section 21 notices?
Section 21 notices are called a no-fault eviction because repossession of the rental property can be obtained without citing a reason. When the Renters' Rights Bill becomes law in the UK, no-fault evictions will be abolished.
When a landlord serves a Section 8 notice, they must cite a reason for asking the tenant to leave and for starting possession proceedings. There are many reasons for service of a notice to quit under Section 8, including rent arrears, anti-social behaviour, and the need to sell the property or reclaim it as a home.
The notice period in a Section 8 notice and a Section 21 notice may be different. However, where a valid Section 21 notice is served, a tenant does not have a defence to the possession claim. In Section 8 notice proceedings, the tenant may be able to defend the proceedings if they can show that the landlord has not met the evidential burden of proof or, if the landlord used discretionary grounds. The tenant can persuade the court to exercise discretion and refuse or delay possession.
What is the correct process to evict a tenant?
The correct process to evict a tenant starts with serving the appropriate notice to quit under Section 8 or Section 21 of the Housing Act 1988 and then following the court process to secure a possession order.
A landlord may be able to secure an accelerated possession order if they serve a valid Section 21 notice, as the tenant cannot challenge it. If the Section 8 route is followed, the correct process will depend on whether the tenant defends the possession claim or argues that the court should exercise discretion.
It is essential to follow the correct process to evict a tenant UK because failure to do so could delay repossession for months.
Can I evict a tenant during a fixed-term tenancy?
During the fixed term of an assured shorthold tenancy, a landlord can only evict a tenant if the tenant is at fault. A landlord cannot serve notice because they have decided to sell their property, or because they cannot afford a mortgage increase, or want to return to live in their old house. Examples of where a tenant may be at fault and at risk of eviction include non-payment of rent or anti-social behaviour.
If a landlord needs to evict a tenant during a fixed-term tenancy, it's best to speak to a Section 8 Eviction Solicitor before sending a Section 8 notice.
At the end of the fixed term, the landlord may be able to serve a valid Section 21 notice.
Contact our specialist UK Landlord Lawyers for expert legal advice on landlord rights.
Appointments are available at our offices in central London, as well as by phone or online consultation.
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