As a UK landlord, navigating the eviction process can be complex. It’s essential to understand the legal grounds for possession, the steps involved in eviction, and the processes to make sure you’re compliant with UK laws.
Our experienced Lettings team have put together this guide to walk you through everything you need to know to stay on the right side of the law.
1. The importance of knowing the basics
Eviction isn’t an easy decision for any landlord, but sometimes it’s necessary to protect your investment and ensure that your property is used responsibly. Knowing the legal eviction process can save time, reduce stress, and help maintain good relations with your tenants.
2. Grounds for possession: When is eviction legally justified?
In the UK, there are specific legal grounds that a landlord can rely on to regain possession of a property. These are typically split into two main categories based on the type of notice given: Section 21 and Section 8 of the Housing Act 1988.
Section 21 Notice: No-Fault Eviction
- • A Section 21 notice allows you to regain possession at the end of a fixed-term tenancy or during a tenancy with no fixed end date (a periodic tenancy).
- • This type of notice doesn’t require a reason for eviction, making it often referred to as a “no-fault eviction”.
- • You must comply with several conditions before issuing this notice:
- – Deposit protection: The tenant’s deposit must be held in a government-approved scheme (find out more about managing deposits).
- – Documents: An up-to-date EPC, gas safety certificate, and ‘How to Rent’ Guide must have been given to the tenant before they moved in.
- – Minimum notice period: A minimum of two months’ notice is generally required.
A Section 21 notice must give your tenants at least 2 months’ notice to leave your property.
Section 8 Notice: Eviction with grounds for possession
- • A Section 8 notice is used when the tenant breaches the terms of the tenancy agreement. Common grounds include:
- – Rent arrears
- – Damage to property
- – Anti-social behaviour
- – Breach of contract
You can give between 2 weeks’ and 2 months’ notice, depending on which terms have been broken.
3. Issuing the notice: Following the legal steps
Once you’ve determined the appropriate grounds, the next step is to issue the eviction notice formally. Here’s how to go about it:
- • Serve the notice correctly: Make sure the notice is completed accurately and served in writing. You can deliver it by hand, send it via recorded delivery, or (in some cases) by email if this is permitted in your tenancy agreement. Visit the .gov website for more information on which forms to use when giving notice.
- • Keep records: Maintain records of all communications with your tenant, including copies of the notice and evidence of receipt.
It’s a good idea to work with a solicitor or letting agent at this stage to confirm that everything is handled properly.
4. Applying to the court: The possession order
If your tenant doesn’t vacate after the notice period, you may need to apply to the court for a possession order. Here’s what this involves:
- 1. Submit an application: File for a possession order through the County Court. Be sure to include all relevant documents and evidence supporting your case.
- 2. Wait for a court date: The court will review your application and set a hearing date, especially if you’re proceeding with a Section 8 notice (Section 21 cases may not require a hearing if there’s no dispute).
- 3. Attend the hearing (if needed): During the hearing, the judge will review the case and decide whether to grant possession. Be prepared to present evidence, especially for Section 8 cases where the grounds for possession may be challenged.
5. Eviction and enforcement: The role of court bailiffs
If the possession order is granted, the court may specify a date by which the tenant must leave. If they still refuse to vacate, you’ll need to apply for bailiff enforcement:
- • Requesting a warrant for possession: This allows court bailiffs to assist in removing the tenant from the property.
- • Notice of eviction: The bailiffs will give the tenant advance notice before taking action, providing one final opportunity to leave voluntarily.
It’s worth noting that working with bailiffs is generally a last resort and can add extra time and expense to the eviction process.
6. Staying informed on changing legislation
Property law in the UK is constantly evolving, with recent and upcoming changes in tenancy law affecting everything from deposit rules to eviction procedures. Stay updated on the latest government regulations or work with a letting agency to ensure you’re always compliant.
At Jacobs Steel, we’re here to support landlords and help navigate the government regulations. We have in-depth knowledge of property laws, regulations, and market trends, helping landlords stay compliant. Get in touch with us today and let us help you navigate this evolving landscape.
Jacobs Steel is an independent estate and letting agent with offices covering Brighton to Worthing. Get in touch with your local branch for no-obligation advice.
Disclaimer: While we aim to provide accurate information, this article is intended as a general guide and does not constitute professional advice. Always consult with a qualified professional for specific guidance.