This guidance is designed to allow our Landlord client base to better understand the steps we can take upon their benefit to evict a Tenant. It therefore follows that this is a guidance summary only, and does not constitute legal advice.
We will be looking at the methods of evicting a Tenant on an Assured Shorthold Tenancy. The vast majority of residential Tenancies will automatically be Assured Shorthold Tenancies, unless the Landlord has served a Notice on the tenant stating that it is not. There are various requirements which must be fulfilled in order for a Tenancy to be an Assured Shorthold Tenancy including the fact that the Tenant must be an individual and the property must be occupied as their only or principal home. There are a number of exceptions which would cause a Tenancy to fall out of the bracket of an Assured Shorthold Tenancy and we will be able to advise you on that upon receipt of instructions.
Eviction of a Tenant essentially can take one of two routes.
Section 8
Firstly there can be an Order for Possession of your property, following what is known as Section 8 Possession Proceedings, brought for non-payment of rent or any of the other Grounds listed within Schedule 2 of the Housing Act 1988. Those Grounds include the failure of the Tenants to observe the obligations undertaken by them in relation to the Tenancy, the condition of the property as a result of neglect or default of the Tenant or any other person residing at the property, use of the property for immoral or illegal purposes, etc.
In relation to the Section 8 Notice, the period of notice varies depending on the ground upon which the Order for Possession is sought. Once the valid notice period ends, we can apply to the Court for a Possession Order upon your behalf, if the Tenant has not vacated the property.
Section 21
Alternatively, where the Landlord has the right to regain possession at the end of the fixed term (or, if the fixed term is less than six months, six months after the Tenancy began), the Landlord can give two months’ Notice, under Section 21 of the Housing Act 1988. Provided the Landlord has served the Notice correctly, the Court will order possession. It is important to note that any mistake in relation to the content or service of that Notice will result in the Notice being invalid and it is therefore strongly advised that Landlords do not take steps to serve Notice upon Tenants without procuring the appropriate legal advice.
If, following service of the Notice, the Tenant does not leave the property then we will apply upon your behalf to the Court for a Possession Order. The Court will decide if the Tenant can and should be evicted but will not make any such Order unless the Notice served has been established as being valid.
In relation to the Section 21 Notice, an Accelerated Possession Procedure is available which allows the Court to make a decision without the need to attend Court. This means that if the Tenant does not send a Defence to the Court, a speedier eviction process can be achieved.
Eviction
Once the Court has made an Order for Possession, if the Tenant still does not leave the property, then we can apply to the Court for Bailiffs to carry out the eviction. It is vital to bear in mind that it is against the law for a Landlord to attempt to evict the Tenant themselves, which can be classed as harassment.
As you can see, the eviction of a Tenant can be a complicated process with strict rules in relation to proper service of the appropriate Notice. It is vital that Landlords seek appropriate legal advice before taking steps to regain possession of their property. We at Martyn Prowel Solicitors have a wealth of experience in relation to such matters and are ready to help you when you need us.