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.