Evicting a tenant can be a complex and stressful process for landlords.
In the UK, it is crucial to follow the correct legal procedures to ensure the eviction is lawful and avoid any potential legal issues or accusations of harassment. Whether you’re dealing with rent arrears or another breach of contract, understanding how to legally apply to court to evict a tenant is key to managing the situation effectively.
When can you evict a tenant?
In the UK, landlords can only evict tenants under certain conditions.
There are two primary ways to begin the eviction process, depending on the circumstances of the tenancy:
- Section 21 Notice: This notice allows a landlord to regain possession of a property at the end of a tenancy without giving a reason. It is typically used when the landlord wants to reclaim the property once the fixed term has ended or during a periodic tenancy.
- Section 8 Notice: This notice is used when the tenant has breached the tenancy agreement, such as by failing to pay rent, causing damage to the property, or engaging in antisocial behaviour. The notice must specify the legal grounds for eviction, and the tenant may contest these grounds in court.
It’s important to note that landlords must follow specific legal steps to ensure these notices are valid. For example, a Section 21 notice cannot be served if the landlord has not protected the tenant’s deposit in a government-backed Tenancy Deposit Scheme.
Steps to legally evict a tenant
1. Serve an eviction notice
The first step in evicting a tenant is to serve the appropriate eviction notice. This can be a Section 21 or Section 8 notice, depending on the reason for the eviction.
- Section 21: The landlord must give the tenant at least two months’ notice to vacate the property. The notice can be served towards the end of a fixed-term tenancy or during a rolling tenancy.
- Section 8: The landlord can serve this notice if the tenant has broken the terms of the tenancy agreement. The notice period varies depending on the grounds, but it can be as short as two weeks for serious issues such as rent arrears.
It is essential that the notice is served correctly, including providing the tenant with the correct documentation, such as the notice form, and specifying the date by which the tenant must leave.
2. Apply for a possession order
If the tenant does not leave the property after the notice period has expired, the next step is to apply to court for a possession order. This is a formal request for the court to order the tenant to vacate the property.
There are two types of possession orders that landlords can apply for:
- Standard possession order: This is used if the landlord wants to reclaim unpaid rent as well as possession of the property. The application is made using court forms such as N5 and N119, and the court will usually arrange a hearing where the tenant may present a defence if they wish to challenge the eviction.
- Accelerated possession order: This is a faster process and can be used when the landlord is not claiming unpaid rent and there is a written tenancy agreement in place. This method does not usually require a court hearing, and the tenant will be ordered to vacate the property if the judge grants the order.
Once the application is submitted, the court will send a copy to the tenant. If the court grants the possession order, the tenant will typically be given 14 or 28 days to leave the property. In exceptional circumstances, the judge may extend this period if the tenant can demonstrate hardship.
3. Obtain a warrant for possession
If the tenant still refuses to leave the property after the court has issued a possession order, the landlord can apply for a warrant for possession. This authorises county court bailiffs to remove the tenant from the property if they do not leave voluntarily. The bailiffs will provide the tenant with a date for the eviction and, if necessary, can forcibly remove the tenant on that day.
For landlords who need to speed up the eviction process, there is also the option to transfer the case to the High Court, where a writ of possession can be issued. This allows High Court Enforcement Officers to carry out the eviction more swiftly, although it incurs additional costs.
Common issues to avoid
It’s crucial that landlords follow the correct legal procedures to avoid issues that could invalidate the eviction process. Serving the notice incorrectly, failing to provide essential documents (such as the Gas Safety Certificate and EPC), or attempting to harass or force the tenant to leave without a court order can lead to serious legal consequences, including claims of illegal eviction.
Legal advice from experienced property solicitors
Navigating the eviction process can be challenging and time-consuming, especially when dealing with uncooperative tenants. From serving the correct notices to applying for possession orders, our experienced landlord and tenant solicitors are here to guide you through every step.
It’s important to note that this blog post is for informational purposes only. If you’d like to discuss your circumstances further, Osbourne Pinner Solicitors offer a free 30-minute consultation, with no obligation to proceed. Simply fill in our online form our online form, call 0203 983 5080 or use email at [email protected].
