Whatever the reason that you want to evict a tenant, there’s a set process to follow.
This is a particularly pertinent issue right now because of changes to legislation.
(The incoming Renter’s Rights Bill will create change in these areas, for example.)
Read on for guidance on how to evict a tenant in the UK.
What is a valid reason to evict a tenant?
Landlords cannot evict tenants arbitrarily. UK law requires a valid legal reason for eviction to be given.
And the process differs depending on which notice you are using.
Section 21 (No-Fault Eviction)
Currently, landlords can use a Section 21 notice to end an Assured Shorthold Tenancy (AST) without providing a reason.
This requires at least two months’ notice.
The tenant must have lived in the property for at least four months before you can serve the notice.
However, Section 21 may soon be abolished under the Renter’s (Reform) Bill.
Section 8 (Eviction for Breach of Tenancy Agreement)
Section 8 is used when tenants break the terms of their agreement.
This could be for reasons such as rent arrears, damage to the property, or anti-social behaviour.
Illegal activity on the property is another explanation.
The required notice period varies from two weeks to two months, depending on the reason.
If you’re the landlord, you must provide evidence in court to justify the eviction.
Section 8 grounds are changing
The government is expected to introduce new grounds for eviction under Section 8. This includes if:
- Landlords want to sell property
- Landlords want to move into a property (this includes switching from a buy-to-let to a residential mortgage)
- Tenants repeatedly fall into rent arrears.
However, these changes are expected to increase the time evictions take. This is because a growing number of tenants may challenge evictions in court.
So, if you are a landlord, it’s essential to stay updated on the progress of the Renter’s (Reform) Bill.
When can landlords not allowed evict a tenant?
As things stand, landlords cannot evict their tenants before the end of tenancy agreements – except if there’s a break clause.
The Renters (Reform) Bill will end Section 21 evictions. So, you’ll no longer be able to evict your tenants without giving a valid reason.
Instead, you must apply Section 8 and show you have legal grounds to evict.
How do I evict a tenant, and how much notice must I give?
1. Serve the correct notice
The first step in eviction is to serve your tenant with a written notice. The type of notice depends on why you are evicting them.
A Section 21 Notice must be in writing and give at least two months’ notice. It may only be used if the fixed term has ended.
Or if there is a break clause and must comply with deposit protection rules. If the deposit wasn’t properly protected, the notice is invalid.
A Section 8 Notice depends on the reason for eviction. For rent arrears, the minimum notice is two weeks.
In some instances of anti-social behaviour, eviction may be immediate.
You must justify your reasons in court and provide supporting evidence if your tenant challenges the notice.
To ensure legal compliance, send the notice via recorded delivery or deliver it in person with a witness.
2. Wait for the notice period to expire
Once the notice has been served, you must wait until the notice period ends.
If the tenant leaves voluntarily, you can take back possession. But you must apply for a court order if they refuse to leave.
3. Apply for a possession order
If the tenant doesn’t vacate the property after the notice period, you must apply to the county court for a possession order.
You can apply for a Standard Possession Order if the tenant owes rent or refuses to leave. This takes several weeks to months.
If using a Section 21 notice, you can apply for an Accelerated Possession Order. This is quicker and often doesn’t require a court hearing.
Keep in mind that your tenant can challenge the order. This is likely to significantly delay the eviction process.
Can I change the locks on my house without my tenant knowing?
No. It is illegal to change the locks without a court order.
It’s also illegal to harass the tenant to leave. And to shut off utilities or block access to the property.
What happens if my tenant refuses to move out?
If the court grants the possession order but the tenant refuses to leave, you cannot remove them yourself.
Instead, you’ll need to apply for a Warrant of Possession.
This allows court bailiffs to step in to remove your tenants. Bailiffs will first issue the tenant with a final eviction date.
If they still don’t leave, the bailiffs will remove them physically; the police may be called if the tenant resists.
This stage can take several more weeks, depending on court and bailiff availability.
If the tenant owes rent or has damaged the property, you may need to take them to small claims court to recover costs.
Is it expensive to evict a tenant?
If the tenant refuses to vacate the premises, evicting them can be costly.
In a worst-case scenario, you may face a bill of between £1,300 and £2,200.
Because this process can be time-consuming, you must also factor in lost rent and possible property damage.
There may also be redecorating costs and legal fees. Some research suggests that evicting a tenant in London costs an average of £31,000.
How long does it take to find a new tenant in the UK?
The time it takes to find a new tenant varies due to location, property condition, and market demand.
In high-demand areas, properties may be let within a few weeks or even days. While in other regions, it may take longer.
According to research by Rightmove, the average property available to rent finds a tenant in 17 days.
Sell your tenanted property with Sold
If you’re looking to sell your tenanted property, Sold can help you.
We can help you achieve a sale in a time frame that suits you – whether you have evicted your tenants or not.
Get in touch today to find out more.
