Evicting Tenants

Your tenant is refusing to leave and owes you two months rent… You suspect that drug-dealing is being carried out from your property… your tenant is the subject of numerous anti-social behaviour complaints… You decide on eviction as the final solution. But how does this process work? What are the legal ins and outs? This ibuytolet guide focuses on the correct and legal way of evicting tenants. Illegal eviction is a serious charge, and can result in fines or jail. Following this simple guide will make this painful process as painless as possible.

Evicting a tenant can be one of the most onerous parts of being a landlord. Few expect that when they hand over the keys to their investment property they may one day have to go through the eviction process, and for most this is never a concern. However, it does happen, and being armed with the knowledge of how to correctly carry out an eviction is useful for any landlord.

In order to evict a tenant from their property, landlords usually have to follow specific legal procedures. In some instances, a specific legal reason will be required, and the type of tenancy will influence the process.

Giving Notice

The eviction process usually starts with notice from the landlord, informing the tenant that they will have to leave. If you are an excluded occupier, no notice in writing needs to be given, but in most cases it will be.

The notices should include names and addresses of landlords and tenants, leaving date, reason, and information about where to go for advice. You can be served with this notice at any time depending on your tenancy and the reason the landlord seeks to evict you. Furthermore, the tenancy must end on the day rent is due, and explain that before you leave the landlord must have a court order.

Notice terms and tenancy types

If your tenancy agreement is for a fixed term your landlord can only give notice if there is a reason to evict, there is a ‘break clause’, or the notice expires after the end of the tenancy. Tenants with periodic tenancies can be served with notice at any time. Any notice must specify a date to leave. Different tenancies do mean different things when it comes to eviction.

-         Assured shorthold tenants and assured tenants. For assured shorthold tenants the landlord must give two months’ notice. If your tenancy runs on a fixed term, you may only be evicted if the landlord can provide a reason. For both assured shorthold and assured tenants, your landlord must provide two months notice, unless you have done something wrong, in which case 14 days notice may be given.

-         Regulated tenants. For regulated tenants, eviction may only be occur once a certain stage has passed. Unless the landlord has a good reason, it is unlikely that the court will pass a possession order.

-         Occupiers with basic protection. The length of notice will depend on how often you pay your rent.

Meaning of notice

The tenant does not have to leave the property until the landlord gets a possession order from the court. However, if a landlord takes a tenant to court and is successful, the tenant may then have to pay the court costs. Some tenants will try to avoid eviction by paying arrears or repairing damage, and it is up to individual discretion whether to accept this or not. Generally speaking, the process is made far easier if the tenant vacates before the end of the notice.

Possession order

As soon as the notice provided expires, the landlord can apply for a possession order. The court will then contact the tenant. Court costs begin to mount up in this instance, and will likely be in excess of £200. As a tenant, it is likely you will have to pay for these if you are evicted. Most tenants are entitled to remain in rented accommodation until a possession order comes into effect.

Eviction by bailiff

If the tenant remains in the house after the possession order date, the landlord is legally entitled to arrange bailiffs to evict. These Bailiffs are employed by the court, and are entitled to physically remove people and belonging from property without using violence or unreasonable force. Trying to remove a tenant with any person other than a bailiff is probably illegal, and can be an offence in itself.

Removal by bailiff is the final solution to an eviction problem, and should be carefully considered before being acted upon.