A landlord’s guide to eviction

How to evict a tenant

As a landlord, it's crucial to understand your responsibilities, your tenant’s rights and the legal process involved in evicting a tenant. There are two main methods of eviction available: Section 8 and Section 21 notices. Each has its own requirements and procedures.

Grounds for eviction

Tenants can be evicted for various reasons, including rent arrears, property damage, anti-social behaviour, subletting without permission, refusal to vacate, illegal activities, unreasonable requests, or unauthorized business operations on the premises.

Tenant rent arrears

If your tenant is behind on rent payments, you have the right to seek eviction. Keeping thorough records of rental payments and communication with the tenant is essential to support your case.

Register today! Be amongst the first to see new listings and off-market homes for sale in your area.

Section 8 vs. Section 21 notices

When you issue a Section 8 notice, you're essentially pointing out specific breaches of the tenancy agreement, such as unpaid rent or damage to the property. This notice requires you to provide evidence and attend a court hearing to resolve the matter officially.

In contrast, a Section 21 notice doesn't require you to pinpoint any breaches by the tenant. It's more straightforward, often referred to as a 'no-fault' eviction. This notice is typically used when you simply need the property back, perhaps because you want to sell it or move in yourself. It's a quicker process compared to Section 8, offering a smoother path to regaining possession of your property.

How long does it take to evict a tenant?

Landlords must give tenants sufficient notice before initiating eviction proceedings. Section 8 notices require a 28-day notice period, while Section 21 notices require two months' notice after the fixed-term tenancy period has ended.

The time it takes to evict a tenant varies depending on factors such as tenant cooperation and court proceedings. It can range from as little as 14 days to several months.

Cost of eviction

It's important to be aware that evicting a tenant can come with various costs, such as serving legal notices (around £100), covering court fees for possession orders (£355), and potentially hiring enforcement services, like a County Court Bailiff (approximately £400). These expenses can add up, and in total, they can exceed £1,500 for a swift eviction.

So, it's wise for landlords to plan ahead and budget accordingly. Depending on the situation and the speed at which you need to regain possession of your property, costs can vary. However, being prepared and knowing what to expect financially can help ease the process and ensure a smoother transition.

Possession order

If a tenant fails to comply with a Section 8 notice, landlords can apply for a possession order, which typically takes 6-8 weeks to be granted by the court.

Bailiff vs. Enforcement officer

When it comes to enforcing possession orders, County Court Bailiffs and High Court Enforcement Officers play different roles. County Court Bailiffs typically need seven days' notice before carrying out an eviction. They operate within specific entry times and follow procedures to ensure a fair process for all parties involved.

On the other hand, High Court Enforcement Officers have more authority and can act swiftly and decisively. They're authorized to enforce possession orders with greater flexibility and may not require as much notice. Their ability to act more forcefully can sometimes expedite the eviction process, providing landlords with a faster resolution to their tenancy issues.

Eviction alternatives

If you're facing challenges with a tenant but want to explore options before resorting to eviction, there are alternatives worth considering. One approach is to open up dialogue with your tenant and discuss potential solutions together. For instance, you could renegotiate the terms of the tenancy agreement, perhaps adjusting the rent payment schedule or offering a payment plan for any arrears.

Another option is to propose a voluntary surrender of the tenancy, where the tenant agrees to vacate the property without the need for formal eviction proceedings. By approaching the situation with empathy and a willingness to find common ground, you may discover alternative solutions that benefit both you and your tenant.

Landlord resources

Landlords have access to various resources for guidance on managing tenants and navigating the eviction process. Organizations like the National Residential Landlords Association offer documents, forms, and advice for landlords.

Darlows can help

If you have questions or need support with managing your tenants, our team at Darlows is here to help. Visit your local branch or explore our landlord's hub for additional tips and resources.

By understanding your rights and following the proper procedures, you can effectively address tenancy issues and protect your property investments.