In London, landlords can legally evict tenants at the end of the fixed term without a specific reason as long as they give the correct notice. However, if the landlord has a possession order from the court and the tenants refuse to leave, landlords need to apply for a warrant for possession and send bailiffs to evict tenants from the property.
If you are having trouble with a tenant, you might be thinking about eviction. But eviction can be a challenging and legally complicated process.
In the UK, tenants are protected by the law. This means that landlords must follow procedure and stay compliant to avoid criminal charges.
Here, we talk you through everything you need to know about evicting tenants legally in London.
Understand Your Legal Obligations As A Landlord
If you do have a problematic tenant, don’t worry! Eviction is all about following the right processes, ticking the boxes and getting up to date with the latest laws and regulations.
The laws around eviction fall under the Housing Act 1988, which lays out exactly what you need to do.
If you don’t follow the law, you could be liable to fines or even jail time. The key to navigating the process correctly is first understanding what type of notice you need to serve your tenants, and exactly how you need to serve it.
Know Which Tenant Eviction Notice To Use: Section 21 or Section 8?
Before evicting a tenant, it’s important to understand the two most common types of eviction notice:
Section 21 Notice: Known as a “no-fault” notice, this allows you to remove a tenant at the end of a tenancy agreement without giving a reason. This is because the contract naturally comes to an end, so you have the right not to renew it.
Section 8 Notice: This is used when the tenant has done something that goes against the tenancy agreement. This could be by causing damage, not paying rent or doing something (like keeping a pet) that is specifically forbidden in the original agreement. The notice must lay out the grounds for eviction, including proof.
How To Serve A Section 21 Tenant Eviction Notice
If you are serving a section 21 notice, there are a few things you need to have complied with in order for it to be valid, including:
Deposit protection: If you took a deposit, it has to legally be protected in a government-approved scheme within 30 days of receiving it. If you don’t then the Section 21 Notice becomes invalid.
Provide key documents: Before serving the notice, make sure your tenant has got a gas safety certificate, an Energy Performance Certificate (EPC), and the government’s “How to Rent” guide.
Licencing: If you don’t have the right landlord licenses, you can’t issue a Section 21 Notice as you are operating illegally.
Using the right form: You must use Form 6A to serve a Section 21 Notice.
Notice period: Give at least 2 months’ notice in writing. This notice can’t be served during the first 4 months of a tenancy. The notice period can only be shorter if it is mentioned and signed as part of the tenancy agreement.
Once the tenant receives the Section 21 Notice, they can either leave the property, negotiate terms to stay, or challenge compliance based on the above. Making sure you tick all the boxes means that last option becomes unavailable.
It’s also worth noting that you can’t issue a Section 21 Notice if:
- The council has issued an improvement or emergency works notice within the last 6 months
- The tenant has complained about poor condition and get a notice from the council.
How To Serve A Section 8 Tenant Eviction Notice
A Section 8 Notice is issued when a tenant has broken the tenancy agreement. This could be because of not paying rent, damaging the property or antisocial behaviour.
Depending on the grounds for eviction, the tenant gets a set period of notice, including:
- Rent: If the tenant owes more than 2 months’ rent, you can issue a Section 8 Notice with a 2 week notice period.
- Damage: If the tenant has damaged the property, you can serve a Section 8 Notice.
- Anti-social behaviour: If you find out your tenant is conducting illegal activity, you may also give them 2 weeks notice.
If you are serving a Section 8 Notice, you have to tell the tenants the exact grounds for eviction and provide proof. That way, you cover your back if the case goes to court.
Applying For A Possession Order If Tenants Don’t Leave
If the tenant doesn’t leave after the Section 21 or Section 8 notice period, you can apply for a possession order.
There are 2 main types:
- Standard possession order: If you want to claim unpaid rent.
- Accelerated possession order: If you don’t need to claim rent arrears and served a Section 21 Notice.
How To Apply
You can apply for a possession order through your local court. A standard possession order will need a court hearing, while an accelerated possession order may not need a one, making it quicker and often more cost-effective.
It’s worth weighing up the value of reclaiming the rent, especially as possession orders can cost between £275-£355.
What If Tenants Don’t Pay Or Leave?
If the tenant doesn’t leave the property after a possession order term has passed, you’ll need to apply for a warrant. This gives bailiffs the authority to evict the tenant legally.
The cost for this is £130 and it can take several weeks, depending on how quickly the court is able to issue the warrant and how available the local bailiff is.
It’s worth noting that only a bailiff can remove a tenant, trying to do it yourself is strictly illegal.
Avoid Doing Anything Rash During The Eviction Process
One of the most important things to remember is that you have to stay compliant throughout the process.
Make sure that the notices are served correctly, to reduce the risk of tenants questioning them. Make sure you keep a record of everything, including all documents sent to the tenant, and the dates you sent them.
But most importantly – do not step in yourself. Threatening tenants, changing locks and harassing them is illegal, so try and stay calm throughout.
What Are The Alternatives To Eviction?
Eviction can be stressful, expensive, and time-consuming. Before going ahead with it, think about the alternatives such as:
- Talk to the tenant about their situation and see if a mutual agreement can be reached.
- During the tenant sourcing stage, take note of a guarantor who is able to pay any due rent if the tenant defaults. Make sure you get references to reduce the risk of a difficult tenant.
- Sometimes offering help with moving or covering the cost of removals can help a tenant leave without court intervention.
- Go for guaranteed rent schemes through property management companies. The company will handle rent collection, tenant management and legal issues on your behalf, covering your back in case of any issues.
If you are looking for a professional property management company in South London, get in touch with J Property Management today.
Final Advice: Get Professional Help
While it’s possible to handle the eviction process yourself, the risks mean it’s often a good idea to speak to a solicitor or property management professional to help. That way you can be sure you are navigating the process compliantly, minimising the risk of any mistakes.
If you need more guidance from a professional property management company around tenant evictions, get in touch with J Property Management today.
