Evicting a Tenant

No-one wants to evict their tenant, it’s expensive and stressful for all concerned. But sometimes it’s necessary. Keeping a good relationship during eviction is hard but important.

Before landlords can issue possession claims, they must try to resolve issues with tenants. This can include writing to the tenant, offering help with benefits or a repayment plan, and using a mediation service.

Here are some tips for landlords:

• Contact your landlord liaison officer. We can see if we can help resolve the issue before eviction becomes necessary.
• Keep your tenant informed about the reasons for eviction and the steps involved. Transparency helps build trust.
• Show understanding and respect for your tenant’s situation. This can help reduce tension and foster cooperation.
• Adhere strictly to legal requirements to avoid misunderstandings and ensure fairness.
• If possible, give references, resources, or suggestions to help your tenant find new housing.
• Stay professional to keep interactions positive and helpful.

By focusing on these steps, you can handle eviction better and keep a respectful relationship with your tenants.

What are grounds for eviction

• If your tenant hasn’t paid rent.
• Breaking the terms of the contract.
• You need the property back for your own use or to sell
• If your tenant is behaving in a way that can harm or disturb others, break social norms, or violate the rights of others. It can include things like:
  • Noise disturbances (e.g., loud music or shouting)
  • Vandalism or property damage
  • Threatening or abusive behaviour
  • Involvement in illegal activities like drug use or dealing

Serve the correct notice

• Section 21 Notice: Currently used for "no-fault" evictions at the end of a fixed-term or during a rolling tenancy. You must give at least 2 months' notice.
• Section 8 Notice: Used if your tenant has broken the tenancy agreement. The notice period depends on the reason for eviction.

Make sure the notice is valid

• Use the right form: For a Section 21 notice, use Form 6A.
• Serve the notice properly: You can serve the notice in person, by post, or via email if agreed.
• Meet legal requirements:
  • Protect your tenant’s deposit in a government-approved scheme.
  • Give them documents like the Gas Safety Certificate, Energy Performance Certificate (EPC), and the "How to Rent" guide.
  • Check the form is correctly completed with no errors or missing bits.

Consider mediation

• Before going to court, consider mediation to settle the dispute without legal action.

The following offers a tenancy/landlord mediation services

• Property redress scheme (PRS) TDS resolution
• UK mediation

Wait for the notice period to end

• Section 21: Wait for the 2-month notice to end.
• Section 8: Wait for the notice period stated in the form to end.

Apply for a possession order

• If your tenant doesn’t leave after the notice period, apply for a possession order from the court.
• For Section 21 notices, you may be able to use a quicker, court-free process called “Accelerated Possession”

Attend court (if needed)

• Prepare Your Evidence. Gather documents like the tenancy agreement, proof of notice and any tenant communication.
• Present Your Case. At the hearing, the judge will decide whether to grant you a possession order.

Enforce the possession order

• Bailiffs: If your tenant still refuses to leave after you’ve been granted a possession order, you can request bailiffs to remove them.

Get legal advice

• Seek Help: If you’re unsure about any step, it’s a good idea to consult a lawyer to make sure you’re following the law.

Important tips

• Stay Professional: Keep calm and handle the situation with professionalism.
• Document Everything: Record all communication and steps you take.
• Understand your legal responsibilities as a landlord.

By following these steps, you can manage the eviction process properly and legally.