The rules for evicting tenants have changed since our last update on this important topic. Following the introduction of the Renters Rights Act in Parliament, landlords can continue to evict tenants however, they must use the correct Grounds for Possession and follow the correct process. They can no longer use the Section 21 notice.
Guide to Grounds for Possession
Evicting a tenant is not necessarily easy and if they refuse to leave the property by the date stated in the notice, that’s when it can start to get tricky for landlords. There is a specific legal process that you have to follow in order to get a possession order from a court and if you get any part of it wrong or you have failed to adhere to certain legal responsibilities, you may have to start the process again from scratch and may even be unable to evict the tenant altogether. In addition, if your tenants successfully defend your possession claim in court, you could be ordered to pay their legal costs.
When to evict a tenant via a section 8 notice
If there is a specific reason for the eviction of tenants – e.g. your tenant has broken the terms of their tenancy agreement - a section 8 notice can be issued, with the notice period varying from two weeks to two months, depending on the reason for the eviction. For some of the grounds - in particular ground 8, which is for serious rent arrears - you can serve notice and bring proceedings to evict the tenant before the fixed term has ended, provided your tenancy agreement allows for this.
You must use the government’s Form 3 and state the ground(s) on which you are evicting the tenant, which may be mandatory, meaning that if the ground is proved, the Judge has no option but to grant a possession order; or discretionary, in which case the Judge can exercise discretion over whether or not to grant the landlord a possession order, even if the facts of the ground are established.
Should I DIY or use a specialist?
Because of the very specific legal process that has to be followed in order to gain possession, we would recommend that you use a reputable eviction specialist. There are many companies that offer this service, although some are unqualified and do not carry proper insurance, so make sure that any firm you instruct is authorised and regulated by the Solicitors Regulation Authority and ideally find one that offers a fixed-fee service.
Of course, you will have to pay an eviction specialist for their service, but if you have taken out our rent protection insurance, that gives you up to £50,000 of cover for the legal cost of regaining possession of your property.
For more information on notice periods and evictions in the different countries of the UK, see our separate article, and you can access the government’s guide on the possession process in England via the GOV.UK website. And if you have any more questions or think you may need to evict a tenant, we’re always here to help - just get in touch with your local Reeds Rains branch and have a chat with one of the team, or access our fully managed landlord services.
The Reeds Rains Content Marketing Team
