Evicting a tenant

No landlord wants to deal with a problematic tenant, whether it's due to unpaid rent, property damage, or other issues. However, when faced with such situations, landlords have the right to initiate eviction proceedings. Even if a tenant hasn't necessarily done anything wrong, landlords may still find themselves in a position where eviction is necessary.

Here's what landlords need to know about evicting a tenant in the UK.

How can a landlord evict a tenant?

Evicting a tenant involves a legal process that landlords must follow. Renting out a property comes with specific obligations, and it's crucial for landlords to understand both their responsibilities and the rights of tenants. There are two primary methods of eviction available to landlords: a Section 8 notice and a Section 21 notice. While a Section 21 notice is technically a 'notice of possession,' it can still be used as a means of eviction if there are valid grounds.

Grounds for eviction

Tenants can be evicted for various reasons, including failure to fulfil the terms of their tenancy agreement. This might include rent arrears, property damage, or evidence of anti-social behaviour. Other grounds for eviction could include subletting without permission, refusal to vacate, illegal activities on the property, unreasonable requests, or unauthorized business operations.

Dealing with rent arrears

Rent arrears are a common reason for eviction notices. Landlords have a legal right to receive rent payments as outlined in the rental agreement. It's essential for landlords to keep detailed records of rental payments, including when payments were due and any written requests for payment made to the tenant.

Section 8 vs. Section 21 notices

A Section 8 notice can be used when a tenant has breached the terms of the tenancy agreement. Landlords must provide reasons for the eviction and evidence of attempts to address the issue with the tenant. Section 8 notices typically involve court proceedings.

In contrast, Section 21 notices, also known as 'no-fault' evictions, do not require landlords to provide a reason or assign blame to the tenant. They are often used when landlords have a legitimate need to regain possession of the property and do not involve court proceedings, making them a faster eviction option.

Notice periods

Landlords must adhere to specific notice periods when issuing eviction notices. Section 8 notices require a minimum of 28 days' notice before court proceedings can begin, while Section 21 notices can be issued with two months' notice after the fixed-term tenancy period has ended.

How long does it take to evict a tenant in the UK?

The time it takes to evict a tenant varies depending on factors such as the tenant's cooperation and the pace of court proceedings. While eviction can happen relatively quickly, sometimes in as little as 14 days, it can also take several months if the tenant contests the eviction or refuses to vacate the property.

Cost of eviction

Evicting a tenant can incur significant expenses. The total cost depends on various factors, including how the tenant responds to the eviction notice. Serving a notice typically costs around £100, while possession orders cost £355 to apply for online. Utilizing a County Court Bailiff for enforcement is cheaper than going through the High Court but can still cost around £400. In total, landlords may spend over £1,500 to expedite the eviction process.

Possession orders

If a tenant ignores a Section 8 notice, landlords can apply for a possession order, which typically takes 6-8 weeks to be granted. If the tenant still does not vacate the property after receiving a possession order, landlords can apply for an eviction date through the County Court.

County court bailiffs vs. High court enforcement officers

County court bailiffs and high court enforcement officers are both tasked with recovering debts, but they have different powers and procedures. County Court Bailiffs must give tenants seven days' notice before enforcing eviction and cannot enter a property between 9 pm and 6 am. In contrast, High Court Enforcement Officers, authorized by the Ministry of Justice, can act more swiftly, particularly in cases where rent arrears exceed £5000.

Resources for landlords

Numerous resources are available to provide landlords with guidance on property management, including eviction procedures. Organizations like the National Residential Landlords Association offer a wealth of documents, forms, and guides to assist landlords with various aspects of tenancy management.

Butters John Bee can assist

For landlords seeking guidance on managing tenants or additional support, our team at Butters John Bee is here to help. Feel free to reach out to our friendly staff at your local branch for advice. Additionally, explore our dedicated landlord's hub for more helpful tips and resources.

By understanding the eviction process and knowing their rights, landlords can navigate tenant-related issues effectively and protect their investments.