Evicting a tenant with an Assured Shorthold Tenancy requires a landlord to follow strict legal procedures to ensure compliance and avoid potential setbacks.
Tenants are protected from unlawful eviction under the Protection from Eviction Act 1977, so it is crucial that the legal process is adhered to.
Below is an overview of the steps involved:
Identify the reason for eviction
Before acting, you must determine why you need regain possession of the property. The most common reasons include:
- Rent arrears
- Anti-social behaviour
- End of a fixed-term tenancy (no fault required for a Section 21 notice, where applicable)
The reason will dictate the type of notice you need to serve.
Serve the correct notice
The two main types of notices in order to legally evict a tenant, these are:
- Section 21 Notice (for no-fault evictions): Used to regain possession after a fixed-term tenancy or under a periodic tenancy. Please note that the ability to serve section 21 notices is soon to become limited, with new legislation, known as the Renters’ Rights Bill, just around the corner. Therefore, if you are thinking of serving a Section 21 notice, you should act now so that you can exercise the no-fault eviction process while you still can.
- Section 8 Notice (fault-based): Used when the tenant breaches the terms of the tenancy, such as failing to pay rent or causing damage.
Each notice has specific requirements, such as the notice period and legal documentation that must be provided to the tenant. You must also ensure that the notice you are serving is valid. Multiple factors can render a notice invalid, for example, not providing the tenant with an Energy Performance Certificate before or when the tenancy started.
Wait for the notice period to expire
After serving the notice, landlords must wait for the required notice period to expire. This is usually:
- Two months for Section 21
- Two weeks to two months for Section 8
You must ensure the notice is served correctly, as any errors could render it invalid. You will also need concrete proof that the notice was served in case the tenants do not vacate the property. As such, the matter must be advanced to Court for a possession order.
Apply for a Possession Order
If the tenant doesn’t vacate after the notice period, the next step is to apply to the Court for a possession order. This involves:
- Submitting the correct forms and supporting evidence
- Paying the court fee
The Court will review your case and, in some cases, schedule a hearing. It is unlikely that a Section 21 eviction will escalate to a hearing, as it is an accelerated process. The matter is likely to be dealt with by a judge on paper, i.e., without a hearing. You are more likely to have to attend Court if the tenant defends a Section 8 notice.
Attend the Court Hearing
For Section 8 or disputed Section 21 cases, you may need to attend a hearing to present your evidence. If successful, the Court will issue a possession order specifying a date by which the tenant must leave. If the Court grants a possession order, a tenant will usually have 14 days to vacate the property, but this period is up to the judge’s discretion.
With a Section 21 eviction, the only defence to not leaving within the specified period is the tenant stating that if they do leave within that period, they will suffer exceptional hardship, for example, becoming homeless or suffering due to a disability. In these circumstances, the judge could provide the tenant with extra time, up to 56 days, to leave the property.
Enforce the Possession Order
If the tenant still refuses to leave, you must apply for an eviction warrant. Bailiffs or High Court enforcement officers will then carry out the eviction, and this will come at an additional expense.
FAQs
How long can the eviction process take?
The process can take several months from start to finish, depending on circumstances. If the tenant was to vacate the property following the notice, the process would be over much sooner than if the matter must go to Court, and then the order needs to be enforced. By way of another example, if a tenant advances the exceptional hardship ground, the process will take longer.
Who pays court costs for tenant evictions?
The cost of evicting tenants can vary significantly. If a tenant vacates the property after being served a Section 8 or Section 21 notice, the expenses are usually much lower than if the matter must go to Court.
If you have legal expenses insurance, you may be able to recover some or all the court fees, so it is worth contacting your insurers. Additionally, those on a low income may qualify for government assistance to help cover court fees. This is known as ‘Help with Fees’; see this link for more information.
It’s also worth noting that legal costs can be recovered from tenants if this is outlined in the original tenancy agreement. In cases where a tenant has acted unreasonably, the Court may order them to pay a larger sum than they would normally be required to.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
