Deciding to evict a tenant can be a stressful time. Whether due to rent arrears, wanting to sell, or other reasons, you are likely to want to get it done as quickly and as cost-effectively as possible. The good news is, there are procedures available to ensure a swift eviction and reclaim your property. This simple guide will take you through what is best for you and how to evict a tenant legally with minimum stress.
What type of tenancy agreement do you have?
How best to evict your tenant firstly depends on what type of tenancy agreement you have. Most tenancy agreements in the UK are assured shorthold tenancies. You might want to check this with a lawyer or your real estate agent before taking the next step. Your AST will be agreed for a set amount of time, typically they tend to be 6 – 12 months with a ‘break clause’ that can be used after this time has passed. If no fixed term has been agreed in the contract, your tenancy will be a periodic tenancy. This is normally the default tenancy when no written one has been created. A periodic tenancy can also kick in after a fixed term has passed and the contract has not been renewed.
The Eviction Options for Assured Shorthold Tenancies
If you have an assured shorthold tenancy as a landlord you have two options to evict your tenant.
- A section 21 notice – this notice can be used if you want your property back after the fixed date has expired.
- A section 8 notice – this notice can be sued if the fixed date has not yet expired and the tenant has in some way breached the contract.
How to use a section 21 notice
You can serve a section 21 notice once a fixed term has expired and you have a written contract. You use a form 6a which gives your tenant two months to leave the property. If the contract has turned into a periodic tenancy the notice must coincide with the rental period. Once served the tenant must leave the property by the specified date, if they do not you will need to apply for an accelerated possession order. If they still do not leave you will have to instruct a bailiff to evict them.
A section 21 will not be valid in the following circumstances
- You have not served the correct notice
- The property is a HMO
- The council issued an improvement notice on the property in the last 6 months
- You have not refunded deposits
- You did not provide the tenant certain documents at the start of the tenancy such as an EPC
How can you be sure you are serving the s21 notice correctly?
Make sure you follow all of the guidelines as set out by law when you serve the section 21 notice. To be 100% confident you have done this correctly it is best to speak to a property lawyer. Small, minor mistakes can cause frustrating delays and more costs which turns out to be a headache you could avoid.
How to use a section 8 notice
If you wish to reclaim rental arrears or the tenant has breached their agreement you will need to use a section 8 notice. Examples why this notice may be used include;
- The tenant owes more than two months rent
- The tenant has damaged the property
- The tenant has breached the tenancy agreement
You serve this notice using a form which states the grounds for eviction, details of the breach and the date the tenant must leave by. The notice can be anything from 2 weeks – 2 months depending on the reason for eviction. If the tenants do not leave you can apply to the courts for a possession order. If they still do not leave you can instruct bailiffs as a last resort.
What procedure should you use?
What procedure you use to evict your tenant depends on the type of tenancy you have, reasons for evicting and personal circumstances for wanting the property back. Whichever you choose, it is important you follow the law to avoid an illegal eviction. You also want to be sure you have not made any minor errors that invalidate the eviction and lengthen the process and cost. If you are looking to evict a tenant as quickly as possible, chat to one of our legal experts today and let them take the headache of getting the keys back.
