What is the tenant eviction process? A guide for Landlords

As a landlord, it is important to understand the eviction process. Eviction can be a complex and stressful process, but with the right guidance, it can be navigated successfully. In this guide, we will provide you with a step-by-step overview of the tenant eviction process in England, so you can feel confident and informed.

 

Grounds for Eviction

Eviction can occur on different grounds, including non-payment of rent, anti-social behaviour, or damage to the property. Each ground for eviction requires a specific notice period and has different legal requirements. There are two notices that can be served for different reasons; a Section 8 and a Section 21.

For example, if a tenant is in rent arrears, a landlord can serve a Section 8 notice, which requires the tenant to pay the outstanding rent within 14 days. If the tenant fails to pay, the landlord can proceed with eviction. On the other hand, if a landlord wants to end a tenancy without any specific reason, they can serve a Section 21 notice.

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Notice Periods

Notice periods for each type of eviction differ, so it is important to know which type of notice to serve and the correct notice period. For example, a Section 8 notice requires at least two weeks’ notice, while a Section 21 notice requires a minimum of two months’ notice.

It is also essential to understand the difference between a Section 8 notice and a Section 21 notice. A Section 8 notice is served when a tenant is in breach of their tenancy agreement, while a Section 21 notice is served when a landlord wants to end a tenancy without any specific reason. Issuing a notice requires the correct legal procedure to be followed. This includes correctly serving the notice to the tenant and keeping evidence of the service.

To make things easier, we recommend using templates or examples of notices, which can be found online. It is important to follow the legal procedure correctly when serving a notice to avoid delays or complications during the eviction process.

Court Proceedings

If a tenant does not leave the property after the notice period has ended, the landlord can proceed with court proceedings. This is often a costly and time-consuming process, so it is essential to prepare for the hearing correctly. We have a full guide to help with your prep here.

To avoid a court hearing, we recommend trying to resolve the issue with the tenant beforehand. If this is not possible, it is important to have all the necessary evidence ready and to seek legal advice.

Possession Order and Bailiff Eviction

If the landlord is successful in court, they can obtain a possession order, which gives them the right to take possession of the property. If the tenant still does not leave the property, the landlord can apply for bailiff eviction. Bailiff eviction can be a daunting process, but it is important to stay calm and follow the instructions of the bailiff.

Additional Considerations

The Protection from Eviction Act (1977) is an essential piece of legislation for both tenants and landlords in England to understand with regard to the eviction process. The act provides protection to tenants from illegal eviction and harassment by their landlords and it also sets out the legal process that must be followed to evict a tenant.

Under the act, it is illegal for a landlord to evict a tenant without a court order, as outlined above, or to harass a tenant in an attempt to force them to leave. This can include physical violence, threats, and deliberately cutting off utilities.

If a landlord is found to have breached the Protection from Eviction Act, they may face criminal charges or a civil lawsuit. Tenants who are illegally evicted or harassed by their landlord can also seek damages in court. The financial consequences of breaching the act can vary depending on the circumstances of the case. In general, landlords who are found to have illegally evicted or harassed their tenants may be ordered to pay damages to the tenant to compensate for their losses. The amount of damages awarded will depend on factors such as the duration of the illegal eviction or harassment, the impact on the tenant, and any financial losses incurred. This is also joined by the possibility of Criminal Charges, ranging from fines, or time behind bars.

Conclusion

Evicting a tenant can be a stressful and complex process, but with the right guidance, it can be navigated successfully. Where you are unsure about any part of the process, we encourage you to seek legal advice. By following the legal process and treating tenants with respect, landlords can avoid legal issues and maintain positive relationships with their tenants.

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Sam has a wealth of experience across the private landlord and Build to Rent sectors. He has advised a wide range of clients across the whole of London on how to find great tenants, improve their assets and effectively market their properties for the best returns.

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