Evicting a tenant is a multi-step process that includes serving a valid notice, applying for a court possession order, and, if necessary, enforcing the order with bailiffs or High Court enforcement officers.
Landlords must follow the correct procedures based on the type of tenancy. Failing to do so can lead to claims of harassment or illegal eviction, resulting in failed possession claims, financial damages, and even criminal prosecution in severe cases.
This guide applies to properties located in England and Wales. Eviction rules in Scotland differ.
The Process for Different Tenancy Types
Unless the tenant is an excluded occupier (e.g., a lodger sharing accommodation with the landlord), eviction can only begin after serving a valid notice. The type and length of notice depend on the type of tenancy, which could be:
- Assured Shorthold Tenancy (AST)
- Assured Tenancy
- Regulated Tenancy
1. Serve Notice to the Tenant
Depending on the tenancy type, the landlord may need to give reasons for eviction. For ASTs, a Section 21 notice can be issued without providing a reason. Other tenants, such as students or those in employment-related accommodation, can be evicted with a notice to quit, which also doesn’t require a reason.
2. Apply for a Court Possession Order
After the notice period expires, the landlord must apply to the court for a possession order, regardless of the tenancy type.
3. Apply for a Bailiff’s Warrant
If the tenant doesn’t vacate by the court’s deadline, the landlord can apply for a warrant of possession, which is enforced by court bailiffs or High Court enforcement officers.
Time and Costs
The time and cost of evicting a tenant depend on the tenancy type and whether the tenant has valid defences. Sometimes tenants leave voluntarily; other times, they may resist eviction. If the correct procedure isn’t followed, tenants might apply to reverse the eviction, even after bailiffs have executed the order, particularly in cases of fraud or abuse during the process.
Eviction Procedures for an Assured Shorthold Tenancy (AST)
Assured Shorthold Tenancies are the most common. Landlords can evict tenants without providing a reason using a Section 21 notice. However, the notice must meet specific legal requirements, such as:
- Timing of service
- Correct form (Form 6A)
- Proper notice period
A Section 21 notice cannot be issued during the first four months of the tenancy and must comply with tenancy deposit protection rules, provide energy performance certificates (EPC), and offer a “How to Rent” guide.
For fixed-term tenancies, landlords must give at least two months’ notice before initiating possession proceedings. For periodic tenancies, the notice period can be equivalent to the rental period (e.g., one month for a monthly tenancy).
Alternatively, landlords can issue a Section 8 notice if there are grounds for eviction, such as rent arrears or antisocial behaviour.
Evicting Tenants with Excluded Tenancies or Licences
Some renters, known as excluded occupiers, can be evicted without a court order. These include:
- Lodgers sharing accommodation with the landlord
- Squatters
- Renters who don’t pay rent
- Homeless or asylum seekers
Eviction for excluded occupiers requires giving notice per the terms of their agreement, which may or may not include a formal break clause. For licences, landlords must give “reasonable notice,” which depends on the specific situation.
Evicting Tenants with Assured or Regulated Tenancies
To evict a tenant with an assured tenancy, landlords must prove a valid reason for eviction. A Section 8 notice is required, listing the grounds for possession (e.g., rent arrears, antisocial behaviour). The landlord must then apply for a possession order in court.
For regulated tenancies (under the Rent Act 1977), the process is similar but more complex. Landlords must provide a notice to quit and show a legal case for possession.
What is an Eviction Notice?
The eviction process typically starts with serving a notice to quit or possession notice. The notice type and notice period depend on the tenancy agreement.
In private rentals, the most common eviction notices are:
- Section 21: No reason required for eviction (must meet legal requirements)
- Section 8: Requires grounds for eviction (e.g., rent arrears, antisocial behaviour)
Mandatory Grounds for Eviction
For Section 8 eviction notices, landlords must prove one of the 21 grounds listed in Schedule 2 of the Housing Act 1988. These include:
- Ground 1: The owner needs the property for themselves or a close family member.
- Ground 8: Serious rent arrears.
- Ground 7A: Antisocial behaviour.
The first ten grounds are mandatory (if proven, the court must grant possession). The others are discretionary, meaning the court has some flexibility in making a decision.
Can You Evict a Tenant for No Reason?
Yes, landlords can evict tenants with an AST without giving a reason by using a Section 21 notice. However, the landlord must comply with specific legal conditions, such as ensuring the tenancy deposit is protected, providing an EPC, and issuing a How to Rent guide.
Section 21 or Section 8?
A landlord can use either the Section 21 or Section 8 procedure to evict a tenant with an AST. The main difference is that Section 21 doesn’t require grounds for eviction but has stricter legal requirements, while Section 8 requires grounds but may allow for faster court action.
How We Can Help
Evicting a tenant can be complicated. If landlords fail to follow the correct legal process, their possession claim may be rejected.
Our team at Eviction Support Group has been assisting landlords for over 30 years and consists of Solicitors, Paralegals, and Bailiffs who specialise in residential evictions. We handle every aspect of the process, from serving notice to your tenant and completing the court paperwork for the possession order, to ensuring bailiffs attend on the day of eviction to secure vacant possession of your property as swiftly as possible.
Contact us at 03330 428277 or info@evictionsupport.co.uk for advice or visit www.evictionsupport.co.uk
