Residential
Eviction

At Landlord Advice UK, we specialise in guiding landlords through the complex process of residential eviction. Most residential occupiers who have an agreement permitting them to reside in a property—whether under a licence, tenancy, or occupation contract—are protected by law from unlawful eviction. It is essential for landlords to follow the correct legal procedures to ensure compliance and avoid penales.

legal Protections Against Eviction

Various laws, including the Protection from Eviction Act 1977, make it unlawful to remove residential occupiers without following due process. Unlawful eviction can result in criminal charges and significant fines. Seeking professional advice is crucial before taking any acon.

Excluded Agreements

Certain licences or tenancies may be excluded from the legal protections provided by the Protection from Eviction Act 1977 (Secon 3A). This typically applies to agreements where the tenant or licensee does not have exclusive possession of the property, such as lodgers sharing a home with the landlord.

However, simply labelling an agreement as “excluded” does not automatically make it so. The practical arrangements between the landlord and the occupier are oen more critical than the wording of the agreement (see Street v Mountford [1985] UKHL). Landlords should seek expert advice to determine the status of an agreement.

For protected agreements, such as Assured Shorthold Tenancies (ASTs) in England or Standard Contracts in Wales, landlords must follow a three-step evicon process.

The 3-Step Process for Residential Eviction

Step 1: Assess and Serve Notice

The first step involves assessing the reason for evicon and determining the most appropriate course of acon. Common reasons include rent arrears, breaches of tenancy terms, or the landlord needing the property for personal use.

Serving Notice: A valid notice must be served on the tenant. The type of notice depends on the circumstances:
Section 21 Notice (no-fault eviction for ASTs in England). Section 8 Notice (for breaches of tenancy terms).
Notice to End a Standard Contract (Wales).

The notice must specify the date by which the tenant is required to vacate the property. If the tenant does not leave by the specified date, the landlord can proceed to Step 2.

Step 2: Apply for a Possession Order

If the tenant fails to vacate, the landlord must apply to the County Court for a possession order. This can be done through:

Standard Possession Claims: The landlord submits an N5 Claim Form, and the court schedules a hearing. At the hearing, the landlord or their representative can request a possession order. Typically, the tenant will be given 14 days to vacate the property.
Accelerated Possession Claims: If the landlord is not seeking additional orders (e.g., for unpaid rent), they can use the accelerated claims procedure. This does not require a court hearing, allowing for a quicker resolution.

In addition to possession orders, landlords can request:

Judgment for unpaid rent and interest.
Release of tenancy deposits held in a deposit scheme
Orders for costs and other damages (not available through accelerated claims).

If the tenant still fails to leave, the landlord must proceed to Step 3.

Step 3: Enforce the Possession Order

Once a possession order has been granted, enforcement is necessary if the tenant does not vacate voluntarily. Enforcement must be carried out by authorised agents:

County Court Bailiffs: The landlord obtains a warrant for possession, and the court schedules an eviction date. Both the landlord and tenant will be notified of the date.
High Court Enforcement Officers (HCEOs): If permitted by the court, landlords can escalate enforcement to the High Court. This method is often faster but incurs higher costs.

On the eviction date, the landlord must:

Be present at the property.
Arrange for a locksmith to secure the property.

Key considerations for Landlords

Compliance: Following the correct legal procedure is vital to avoid penalties.
Expert Advice: Determining the correct type of agreement and eviction process can be complex. Professional guidance ensures compliance and efficiency.
Timing: Act promptly to avoid unnecessary delays and complications.

Contact Landlord Advice Uk for Expert Support

At Landlord Advice UK, we provide comprehensive legal support for landlords navigating residential evictions. From assessing agreements to serving noces and enforcing possession orders, our team ensures a seamless and compliant process.