No landlord ever wants to evict a tenant. But unfortunately, it’s sometimes inevitable. They may stop paying rent, for example, or become a nuisance to their neighbours.
Evicting a tenant can be a long, complex process to navigate. It’s important to understand their rights, as well as your own, and to follow the correct procedures. Otherwise, you could face costly delays or legal action against you.
In this guide, we’ll discuss when and how to evict a tenant (UK) and answer some frequently asked questions. We’ll also explain how you can avoid the hassle of the eviction process by using a guaranteed rent service.
When Can a Landlord Evict a Tenant?
In the UK, landlords can legally evict a tenant once the tenancy agreement has come to an end. You can only evict a tenant before the end date if you have ‘grounds for eviction’. The accepted reasons to evict a tenant (UK) are laid out in Schedule 2 of the Housing Act 1988. Some examples include:- Rent arrears (late rent payments)
- Breach of terms of the tenancy agreement
- Causing a nuisance to neighbours
- Using the property for illegal purposes
- Allowing the property to deteriorate due to neglect
How Does the Eviction Process Work?
Evicting tenants is one of the hardest parts of being a landlord. However, it’s important that you follow the correct legal procedures, in the right order. Otherwise you may be found guilty of illegal eviction, or even harassment.1. Serve an Eviction Notice
First, you must serve your tenant with an eviction notice. This is a formal document that states that you require possession of the property. The type of notice you need depends on why you’re evicting the tenant:- Use a Section 21 notice when you want to end an Assured Shorthold Tenancy (AST) at the end of its fixed term, or at any time during a periodic (rolling) tenancy
- Use a Section 8 notice if you want to carry out out an eviction mid-tenancy (e.g. due to rent arrears)
2. Apply for a Possession Order
Around 8 in 10 tenants will vacate the property after being given notice to leave. If not, the next step to evicting a tenant (UK) is to apply to court for a possession order. You will need to pay court fees to submit your application. If you are applying for a standard possession order, there will usually be a hearing. The judge will consider your reason for eviction and the tenant’s defence (if any). If you are not claiming for unpaid rent, you can apply for an accelerated possession order. This may cost more, but is usually quicker. If granted, the order for possession will instruct the tenant to leave your property within 14 or 28 days. They may also be ordered to repay your court fees.3. Obtain a Warrant for Possession
If the tenant still refuses to vacate your home, you can apply for a warrant for possession. This authorises county court bailiffs to evict the tenants if they do not leave by a given date. They can forcibly enter the property if the tenant will not let them in. You will be required to pay further court fees at this stage of the process. Once the warrant is issued, you must return a form to court confirming the date of the eviction. For a faster eviction, you can transfer the warrant to the High Court for a ‘writ of possession’. This will cost extra, and will permit a High Court enforcement officer to evict the tenant by reasonable force.Can You Evict a Tenant Without Going to Court?
You may wonder how to evict a tenant without going to court. The only way to do this is to serve a Section 21 or Section 8 notice, and hope they leave. Unfortunately, if they do not, you have no choice but to go through a judge. It is illegal to evict a tenant without a court order. You cannot, for example, simply change the locks while they are out. It is also illegal to harass tenants to try and make them leave, e.g. by threatening them or cutting off their electricity. One of your legal responsibilities as a landlord is to allow your tenants ‘quiet enjoyment’ of the property.How Long Does It Take to Evict a Tenant?
The length of time it takes to evict a tenant can vary depending on their actions. If they vacate the premises after being given notice to leave, it could take as little as 2 weeks. However, if they challenge the eviction or remain in the property, the process may be lengthened considerably. It typically takes 5-8 months to be granted a possession order, though it can be longer depending on the court. If you need to obtain a warrant for possession, this may take a further 5-10 weeks.Avoid the Hassle of Evictions with Guaranteed Rent
If you want to avoid the eviction process completely, guaranteed rent is the perfect solution. This is a long-term agreement in which a company pays you a pre-agreed monthly fee to manage your property. They will then sublet your home, either to long-term or short-term tenants. At 53 Degrees Property, our guaranteed rent scheme provides landlords with a secure, fixed income for up to 5 years. You will never have to worry about evicting tenants or going to court. We’ll manage everything for you, from tenant issues to property maintenance. You’ll receive rent on time, every month – even if tenants don’t pay, or the property is empty. To find out more, contact 53 Degrees today. Fill in our online form or call us on 0330 058 0165.Get a FREE Guaranteed Rent Valution
Please fill out the form below and we’ll get back to you within 24 hours by call or email with a guaranteed rent quote for your property.