Landlord Advice UK Tenant Eviction Service For Landlords

How to Evict a Tenant

Evicting an assured shorthold tenant (AST) can be a challenging task for landlords. The process is governed by strict legal frameworks designed to ensure fairness for both landlords and tenants. However, with the right guidance, evictions can be handled efficiently and legally. This guide provides a step-by-step explanation of the eviction process and highlights why Landlord Advice UK is the best choice for landlords seeking affordable, stress-free eviction services.

What Is an Assured Shorthold Tenancy (AST)?

An Assured Shorthold Tenancy is the most common type of tenancy agreement in the UK. It allows landlords to let residential properties while retaining the right to reclaim possession under certain circumstances. However, landlords must follow the correct legal procedures when seeking to terminate an AST. Failing to comply with these requirements can lead to delays, legal penalties, or even the inability to evict a tenant.

Legal Grounds for Eviction

There are two primary notices landlords can use to begin the eviction process under an AST:

1. Section 21 Notice (No-Fault Eviction)

This notice enables landlords to regain possession of their property without providing a specific reason. It is commonly used at the end of a fixed-term tenancy or during a periodic tenancy. However, landlords must meet certain conditions for a Section 21 notice to be valid:

• Deposit Protection Compliance: The tenant’s deposit must have been placed in a government-approved deposit protection scheme.
• Energy Performance Certificate (EPC): The tenant must have received a valid EPC. (Obtain copies of EPC’s here).
• Gas Safety Certificate: A copy of the property’s gas safety certificate must have been shared with the tenant.
• How to Rent Guide: Tenants must be provided with the latest version of the government’s “How to Rent” guide“.

For landlords or agents seeking to prepare their own section 21 notice, an up to date version of the notice is available here.

2. Section 8 Notice (Eviction for Breach of Tenancy Agreement)

A Section 8 notice is used when a tenant breaches the terms of the tenancy agreement. Common grounds include:

• Rent Arrears: Persistent non-payment of rent.
• Property Damage: Intentional or negligent damage to the property.
• Nuisance: Antisocial behaviour affecting neighbours or the community.
• Illegal Activity: Using the property for unlawful purposes.

The Section 8 notice must specify the grounds for eviction, as listed in Schedule 2 of the Housing Act 1988. Some grounds are mandatory (e.g., substantial rent arrears), while others are discretionary (e.g., causing nuisance).

For landlords or agents seeking to prepare their own section 8 notice, an up to date version of the notice is available here.

Step-by-Step Eviction Process

1. Serve the Appropriate Notice

   • For a Section 21 notice, give the tenant at least two months’ notice.
   • For a Section 8 notice, the notice period varies depending on the grounds cited. For example, rent arrears usually require two weeks’ notice, while other grounds may require more.
   • Ensure the notice is served correctly, either in person, via post, or electronically if allowed under the tenancy agreement.

2. Wait for the Notice Period to Expire

   • Tenants are expected to vacate the property by the expiry date of the notice. If they fail to do so, the landlord must proceed to the next step.

3. Apply for a Possession Order

   • If the tenant does not leave, apply to the court for a possession order. This involves submitting:
     • A completed application form.
     • Evidence supporting the eviction notice (e.g., rent statements for Section 8 cases).
   • The court may issue a standard possession order (requiring the tenant to vacate by a certain date) or arrange a hearing.

4. Court Hearing (if Necessary)

   • For Section 8 cases, a hearing may be scheduled. Landlords must present their case, including all relevant documentation.
   • If the judge rules in favour of the landlord, a possession order will be granted.

5. Enforce the Possession Order

   • If the tenant still refuses to vacate after the possession order deadline, the landlord can request a warrant for possession.
   • Bailiffs or High Court enforcement officers will then carry out the eviction.

Avoiding Common Pitfalls in the Eviction Process

Landlords often face challenges during evictions, such as:

• Improper Service of Notices: Failing to follow proper service rules can render notices invalid.
• Court Delays: Incomplete paperwork or procedural errors can prolong the process.
• Tenant Defences: Tenants may claim retaliatory eviction or procedural errors to contest the eviction.

Why Choose Landlord Advice UK?

Navigating the eviction process can be complex, especially for landlords unfamiliar with legal requirements. Landlord Advice UK offers expert, cost-effective support to simplify the process.

We deal with a wide range of property related matters day to day from simple disputes to the most complex of issues. When it comes to landlords, one of the common questions we hear is “What is the tenant eviction process?”

Here’s why we are trusted by landlords across the UK:

1. Guaranteed Success or Full Refund

Landlord Advice UK guarantees that landlords will achieve the desired outcome or receive a full refund. This commitment ensures peace of mind throughout the process.

2. Fixed and Affordable Fees

Unlike many law firms with high fees, Landlord Advice UK provides transparent, fixed pricing. They also match any competitor’s price for similar services, ensuring you receive value for money.

3. Expert Legal Support

Their team of property law specialists handles every aspect of the eviction process via its appointed solicitors, and in-house paralegal experts with over 30 years of experience. 

4. Free Legal Advice

Landlord Advice UK provides free advice to landlords, ensuring you are informed and supported at every stage of the eviction process.

5. Efficient and Reliable Service

Their streamlined approach minimises delays and ensures landlords can regain possession of their properties as quickly as possible.

Tips for a Smooth Eviction Process

• Keep Accurate Records: Document all communications with the tenant, rent payments, and any incidents that may support your case.
• Stay Updated on Legislation: Be aware of changes to housing laws, such as the proposed Renters Reform Bill, which may affect eviction procedures.
• Seek Professional Help: Working with a specialist service like Landlord Advice UK reduces the risk of legal errors and delays.

Conclusion

Whilst Landlord Advice UK handles a wide range of property related matters, one of the most common questions asked by landlords is How to Evict a Tenant? – Evicting an assured shorthold tenant requires strict adherence to legal procedures to protect both landlords and tenants. By following the correct steps and seeking expert assistance, landlords can avoid unnecessary delays and regain possession of their properties efficiently. Landlord Advice UK offers unrivalled support with guaranteed success, competitive fees, and expert guidance, making them the ideal choice for landlords. For a seamless eviction process, contact Landlord Advice UK today.