While evicting tenants should be considered only as a final option, it's possible that as a landlord or agent, there might come a time in your professional journey when resorting to the legal eviction process becomes necessary. Regardless of the cause behind the eviction - whether due to an untenable tenancy, rent arrears from tenants, or a shift in your circumstances demanding the property's return - our eviction guide offers a comprehensive explanation of the eviction procedure and its lawful prerequisites. Additionally, it furnishes invaluable insights to ensure a seamless and efficient process.

The primary reasons for evicting a tenant encompass:

Handling tenant evictions and wrapping up assured shorthold tenancies can often be quite tough for landlords. Mistakes can lead to higher costs. Staying updated on legal changes is crucial, as not following the rules could affect a landlord's ability to evict tenants when needed. It's essential to know that evicting a tenant incorrectly is a legal offence for a landlord. Given this, what specific steps should one take to ensure strict adherence to the right eviction process?

In most cases, landlords and tenants establish their relationship through a tenancy agreement, often using Assured Shorthold Tenancies (ASTs) as the standard in England. Ending ASTs typically depends on specific reasons for eviction outlined in either a Section 21 notice or a Section 8 notice, which fall under the regulations of the amended Housing Act 1988. Some reasons necessitate court approval, while others are subject to the judge's discretion.

Although both Section 21 and Section 8 notices serve to inform tenants, they have notable differences. It's crucial to serve the correct notice accurately to avoid delays and costs. Using the latest notice templates from the government's official website is recommended.

For landlords and agents, a strong grasp of Section 21 and Section 8 rules, as well as an understanding of tenancy agreements and the termination process, is crucial. The government provides a free model tenancy agreement and downloadable guidance to help with this understanding.

Creating a written and signed tenancy agreement ensures that the rights and duties of both parties are clearly established. The agreement's terms must be sensible and legal to be enforceable in court. Some terms are mandated by law, while others are inferred from the parties actions. A transparent and legally valid agreement simplifies the resolution of disputes.

To utilise the expedited Section 21 eviction notice process, you must demonstrate the existence and start date of an Assured Shorthold Tenancy (AST), which necessitates a written and signed tenancy agreement.

An Assured Shorthold Tenancy can be either fixed-term or periodic:

Whether your tenant is on a fixed-term or periodic AST, understanding when to issue a notice, which notices to provide, and the duration of the notice period are vital aspects when it comes to the eviction process.

Significant changes are on the horizon due to the Renters (Reform) Bill, including the eventual elimination of Section 21 evictions. However, as of July 2023, these changes have not yet become law. For more details on the proposed alterations and their impact on tenancies, refer to our separate article titled 'Renters (Reform) Bill: Exploring Evictions and Section 21.' In the meantime, landlords and agents can continue to rely on the relatively straightforward Section 21 eviction process.

Section 21 is commonly known as the "no-fault" eviction process, though it's essential to recognise that there is always a reason for its application. While also referred to as an "accelerated possession" procedure, it is not particularly swift: the entire process, from notice (two months) to obtaining possession, averages six to nine months for landlords.

Nonetheless, Section 21 provides a level of certainty because if all prerequisites and legal procedures are followed, possession is highly likely. It does not rely on a judge's discretion. You can serve a Section 21 notice to terminate an Assured Shorthold Tenancy (AST) without providing a reason or grounds for possession, provided that at least six months have passed or a longer contracted tenancy term has concluded. Once a valid notice is served by a landlord, the court is obligated to issue a possession order.

At times, landlords issue Section 21 notices so that tenants can be assisted by their local council for rehousing. Leaving before eviction can render tenants voluntarily homeless, which may affect their eligibility for council rehousing.

To serve a Section 21 notice for a fixed term and statutory periodic tenancies using the correct form, you must provide a minimum of two months' notice. Typically, this notice cannot be given within the initial four months of the tenancy. A statutory periodic tenancy automatically follows the conclusion of a fixed term assured shorthold tenancy. If a Section 21 notice is issued during the fixed term, it remains valid during subsequent statutory periodic tenancies.

The notice's expiration must align with the last day of the fixed term. Consequently, it cannot be served within the initial four months of a six-month AST tenancy or before the fixed term concludes, unless the tenancy agreement includes a clause permitting this.

The method of serving a Section 21 notice is not strictly specified. However, if the tenant doesn't acknowledge receipt, the landlord must prove that the notice was delivered. While it's not entirely certain whether a valid notice can be sent via email, this is likely possible if the tenant has agreed to receive notices through email. It's advisable to always obtain confirmation of receipt.

The agreed methods of service should be defined in the tenancy agreement. According to Section 196 of the Law of Property Act 1925, valid notice service can be accomplished through registered post, recorded delivery, or personal delivery to the tenant's property. Keep in mind that tenants might decline to accept recorded delivery letters.

Tenants may sometimes dispute having received the notice. To address this, landlords should retain copies and proof of postage for all correspondence or hand-deliver the notice.

A valid Section 21 notice is crucial to prevent tenants from using it as a defence in possession proceedings. Properly following the eviction process is essential for successful tenant eviction. Specific documents need to be provided before or at the start of the tenancy for the eviction process to be legal.

To lawfully evict a tenant, you must adhere to the following regulations:

While the need for an Electrical Installation Condition Report (EICR) is not explicitly stated for a Section 21 possession claim, having one in place is advisable and likely beneficial.

If the landlord has served the notice properly and followed the outlined regulations, they can initiate the eviction process if the tenant refuses to vacate. To remove the tenant, the landlord must apply for a court order (possession order). Legally, only a court bailiff can forcibly evict a tenant.

In the case of a statutory periodic AST, which is often monthly, landlords are required to provide a minimum of two months' notice.

When the periodic AST is defined by the tenancy agreement, landlords should adhere to the agreed terms stated in the rental contract.

For certain older tenancies, the notice's expiration must align with the final day of a tenancy period. For instance, if the rent period spans from the 2nd to the 1st of each month, the termination date mentioned in the notice should be the 1st of the relevant month. It's essential to note that the rent period commences from the tenancy's initiation date (as per the agreement), which may differ from the rent payment date.

For a Section 21 eviction, the landlord or agent completes a claim form (N5B) along with necessary proof of rule compliance and submits it to the county court or through the government's Possession Claim Online website, but only after the notice has expired. A copy of the claim form is sent to the tenant, who has 14 days to respond. While tenants can raise a defence, their options are limited under Section 21.

Some tenants might request more time to leave. A judge can extend the deadline by up to 42 days from the order date. If no defence is submitted, a possession order is likely to be issued without a court hearing. The time it takes to receive the possession order, around eight weeks, varies based on the court's workload. Section 21 claims do not allow landlords to seek unpaid rent.

Once the court issues a possession order, the tenant should vacate the property. If this doesn't happen, the landlord needs to apply for a court bailiff to enforce the eviction. This incurs another fee and requires additional waiting for vacant possession.

Occasionally, circumstances arise where the landlord or agent must remove a tenant from the property during the fixed term of the tenancy, typically due to unpaid rent. In such cases, Section 21 is not applicable.

The tenancy agreement should include provisions for such situations, enabling the landlord or agent to pursue possession through Section 8 of the Housing Act 1988 under Section 2. There is one exception: if a break clause exists in the contract, it can be utilised, allowing subsequent use of Section 21.

This difference can be confusing. A Section 8 notice is used when a tenant breaks the contract. As long as the landlord has valid reasons for taking back the property, as stated in Section 2 of the Act, they can serve a Section 8 notice at any point during the tenancy.

Section 2 lists 17 grounds for obtaining possession. Some of these grounds are mandatory, requiring the court to order possession if proven, while others are discretionary, left to the judge's decision.

A frequent cause for landlords evicting tenants is rent arrears, falling under one or more of the mandatory grounds. Tenants must owe at least two months' worth of rent before a notice can be served or a possession order sought. An important note is that if the landlord takes the tenant to court, incurring a court fee, and the tenant pays off enough arrears to drop below two months' worth, the landlord might not obtain the eviction order promptly.

Crucial to Section 8 cases is documentary evidence. This could include bank statements and standing orders for arrears or witness statements and criminal reports for cases of anti-social behaviour. Before issuing an order, the judge will want to review these documents. For rent arrears, a well-defined rent schedule is crucial, while cases involving anti-social behaviour may necessitate witness statements or attendance.

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