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Are you looking to evict a tenant and unsure how to do so? Don’t worry, you’re not alone. COVID-19 has had a devastating impact on the Uk population, which is certainly true for landlords and tenants alike as the number of evictions in the aftermath of COVID-19 is expected to exceed 100,000.
As a result, our solicitors have outlined the three stages to legally evict a tenant, to ensure the eviction procedure is fair and avoids any potential criminal sanctions or damage claims.
To get in touch with one of our solicitors, please don’t hesitate to call our firm on 020 3007 5500. Additionally, if you would like some more information about landlord and tenant law, please visit our eviction page.
How to evict a tenant?
When you want to evict a tenant, the process can be made simple by breaking it down into three stages. The three stages are, drafting and serving the eviction notice, identifying the possession order you need and applying for a warrant of possession.
1. Draft and serve an eviction notice
When evicting a tenant, the first step is to identify the type of tenancy agreement the tenant holds. Assured shorthold tenancies (ASTs) are the most common type of tenancy in the UK. Therefore, ASTs are the focus of this article.
A tenancy is an AST if the following applies:
- The tenancy started on (or after) 15 January 1989.
- The property is the tenant’s sole accommodation.
- The landlord doesn’t live in the property.
- The property is privately rented.
Under assured shorthold tenancy, there are two types of eviction notices you can serve, which are as follows:
Section 21 notices
Section 21 notice evictions are known as ‘no-fault’ evictions, as a landlord can evict a tenant without providing a reason. However, a landlord can only evict a tenant through a section 21 if the tenancy’s fixed-term has ended or the tenancy is open-ended.
For more information on section 21 notices, please visit our Section 21 page.
Section 8 notices
Unlike a section 21 notice, a landlord can serve a section 8 notice to a tenant if there’s a valid ground for eviction. There are 17 grounds for eviction under a section 8, which are broken into mandatory and discretionary grounds.
Mandatory grounds. If your application meets a mandatory ground, the court must grant an order of possession. Examples of mandatory grounds include the mortgage lender repossessing the property or the tenant’s serious anti-social behaviour.
Discretionary grounds. If your application meets a discretionary ground, the court may grant an order for possession. Examples of discretionary grounds include persistent late payment of rent or for deterioration of the condition of the property.
For more information on section 8 notices, please visit our section 8 page.
2. Identify the possession claim you need.
A tenant does not legally have to vacate the premises if they are served a Section 21 or Section 8 eviction notice. If a tenant feels they have reasoning to contest the eviction, they can ignore the eviction notice date.
If a tenant hasn’t left by the specified date in their notice, a landlord will need to issue a possession claim. However, depending on the eviction notice you served your tenant, you will require either an ‘advanced possession claim’ or a ‘standard possession claim’. But, as a landlord, how do you know what possession claim you need to issue?
- Issuing an accelerated possession claim is common for a section 21 eviction as you’re not claiming any unpaid rent.
- Issuing a standard possession claim is common for a section 8 eviction as the tenant likely has outstanding costs.
3. Apply for a warrant of possession.
If tenants still aren’t vacating the property after the application of a possession claim, a landlord has little choice but to apply for a warrant of possession. If a warrant of possession is granted, it will give bailiffs the green light to remove the tenants from a property.
When the court issues a warrant, tenants will be sent an eviction notice with the date that they must vacate the property. A bailiff can evict your tenants if they do not vacate by this date.
Remember...
You can apply for a warrant of possession up to 6 years after a possession claim is made.
Can the three-stage approach not be applicable for evicting a tenant?
Yes. Under the following circumstances evicting a tenant doesn’t follow the three-stage process.
1. Excluded tenancies or licences
In this circumstance, you only need to give ‘reasonable notice’ to evict a tenant. Reasonable notice can be defined as the length of the rental payment period. So if the tenant pays you monthly, you can give them one month notice. Additionally, this reasonable notice doesn’t need to be in writing.
As soon as the notice period is complete, you’re legally able to change the locks on their rooms, regardless of whether they have cleared out their belongings.
2. Assured and regulated tenancies
In this circumstance, if your tenants started their tenancy before 15th January 1989, they may have an assured or regulated tenancy. An assured and regulated tenancy is more complicated because you’ll have to follow different rules to evict a tenant as they have more rights.
Considerations when evicting a tenant.
1. It’s not always straightforward to evict a tenant. For example, if a tenant contests an eviction notice, a landlord will need to issue a possession claim and provide various documentation. For example, under a section 21 eviction, a landlord will need to prove that they have fulfilled their landlord responsibilities and proof that the notice was served, amongst other documentation.
2. Avoid potential harassment against your tenant at all costs. Harassment is a crime, and a landlord who’s harassed a tenant, for whatever reason, may face criminal sanctions. Additionally, a tenant can claim damages if the eviction has been poorly conducted.
3. Make sure you understand what type of tenancy your tenant has before serving notice. As highlighted in the article, tenants have various types of tenancies. Before serving an eviction notice, ensure you serve the correct notice; otherwise, the eviction notice will be invalid.
4. Get legal advice when considering what type of notice to serve your tenant. If you have the ability to serve a section 21 and a section 8 notice, an eviction solicitor will ensure you understand which notice is best to serve or if serving both notices on your tenant is beneficial.
Why contact our eviction solicitors to help evict a tenant?
Tenant evictions can be a complicated process, especially if the eviction is contested. Therefore, instructing a specialist eviction solicitor will ensure you draft and serve the correct eviction notice to your tenant, and ensure the possession claim and warrant for possession are handled correctly.
For more information, please visit our eviction page. If you would like to get in touch with one of our solicitors directly, please don’t hesitate to give our firm a call on 020 3007 5500.
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