Whether you are a landlord with a property portfolio or you have a second home to rent out to tenants, property can be a great way to make an income.
Just like any business, however, renting property is not without its challenges. One of the more stressful aspects is dealing with evictions. Nobody ever wants to be in the position where they are forced to evict a tenant but sometimes, you are left with no choice.
If you do need to evict a residential tenant, it’s important to follow strict procedures. Failure to do so could result in you being found guilty of harassing or illegally evicting tenants.
Check if you have grounds to evict your tenant
NB – Until the 21st May 2021, no evictions or bailiffs can take place except in exceptional circumstances. You can find out more about this on the gov.uk website.
There are a number of grounds for tenant eviction, but these can vary depending on the type of tenancy agreement. Typically, an eviction process needs to start with a notification to the tenant to inform them of your decision.
Below is a list of some of the grounds for eviction (which you will need to prove with evidence):
- The tenant has not paid rent for at least six months or is regularly late paying their rent
- You need to carry out extensive repairs to the property
- The property is being repossessed
- There has been a breach of contract
- The property has fallen into a state of disrepair
- Anti-social behaviour
- The tenant provided false information to secure the property
Procedures for different types of tenancy
The exact procedure you will need to follow depends on the tenancy agreement and its terms.
Assured shorthold tenancies
If your tenants have an assured shorthold tenancy (either periodic or fixed-term), you can:
- Issue them with a Section 21 notice if you want the property back at the end of a fixed term
- Give them a Section 8 notice if they’ve broken the terms of the tenancy
- Apply to the court for a standard possession order if your tenants haven’t left by the date specified on the notice and they owe you rent
- If you don’t wish to claim any unpaid rent, then in some circumstances, you can apply for an accelerated possession order
- If your tenants still won’t leave after you have obtained a Possession Order, you can apply for a warrant for possession. This means bailiffs can remove them (after 31 May 2021)
Excluded tenancies or licences
You don’t have to go to court to evict tenants if they have an excluded tenancy or licence. This might be the case if they live with you for example.
You do however need to give them ‘reasonable notice’ to quit. This does not have to be given in writing and usually means the length of the rental payment period. If someone pays you rent weekly, you can give them one week’s notice. If they pay you monthly, you will need to give them one month’s notice.
Assured and regulated tenancies
If someone started their tenancy before 27 February 1997, they might have an assured or regulated tenancy. If this is the case, they have increased protection and you will need to follow different rules.
If you would like help to evict a tenant, please get in touch with us using the form provided.
This article is brought to you by Cyrus Medora from our litigation department at Kidd Rapinet, Slough. If you have an issue with a tenant or another residential property issue where you need expert advice, please use the form to get in touch.
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