Evicting a Tenant: A Guide for Landlords in England and Wales
8 minute read
Date Published - November 4th 2024
8 minute read
Date Published - November 4th 2024
In landlord-tenant relationships, disputes can arise over issues such as property maintenance, rental payments, or even noise and behaviour. When these issues escalate, eviction can sometimes be the only way forward. However, the eviction process in England and Wales involves specific legal steps that landlords must follow to ensure compliance and avoid further complications.
From setting out clear terms in tenancy agreements to serving the appropriate eviction notices, this guide provides a straightforward overview of what landlords need to know. We’ll cover the types of tenancy agreements, the notices required, and the key steps involved in the eviction process, so landlords can approach tenant disputes with confidence and peace of mind.
At GloverPriest, our Tenant Eviction Solicitors have extensive experience in all kinds of disputes and aim to assist with a quick resolution, often without the need for formal court proceedings. If you would like further advice on landlord and tenant dispute matters, please don’t hesitate to speak to one of our expert Litigation Solicitors today. Complete our enquiry form to get started.
A tenancy agreement is simply the contract between a landlord and tenant that lays out the terms of renting the property. It includes all the key details - like how long the tenant can stay, how much rent they’ll pay, and what each side is responsible for.
Having this agreement in place helps prevent misunderstandings and keeps everything clear if issues crop up. If a situation does arise where eviction is necessary, the tenancy agreement provides the legal foundation to make sure everything is handled properly. A good agreement makes the relationship smoother and offers peace of mind for both landlord and tenant.
There are different types of tenancy agreements in England and Wales, each setting out varying rights and responsibilities for landlords and tenants. Understanding which type applies is essential, as it impacts what actions a landlord can take and the legal protections available to tenants. Here’s a breakdown of the main types:
Assured Shorthold Tenancies (ASTs) are the most common type of tenancy for private rentals. With an AST, the landlord has the right to regain possession of the property at the end of the agreed term, as long as they follow the correct notice procedure. This type of tenancy generally starts with a fixed term (often six or twelve months), after which it may roll into a periodic tenancy if neither party ends the agreement.
This type of agreement is often used when a tenant, such as a lodger, shares the living space with the landlord. Excluded tenancies or licences offer fewer protections than other tenancy types, which makes eviction simpler. However, landlords must still provide reasonable notice, usually equivalent to the rental payment period, to end the agreement.
Assured tenancies aren’t as common today, but they offer tenants strong security and are often suited to long-term arrangements. If a tenancy began between 15 January 1989 and 27 February 1997, it may fall under an assured tenancy, which means the tenant has the right to stay unless the landlord has specific legal grounds to end the agreement. This type of tenancy provides a stable setup for both tenant and landlord, with clear protections in place.
Regulated tenancies, generally created before 1989, come with strict rent controls and provide tenants with extensive protections. In these cases, landlords may only increase rent according to specific guidelines, and the process to regain possession can be more complex, given the high level of tenant security involved.
An Assured Shorthold Tenancy (AST) is the most common type of tenancy for private rentals in England and Wales. With an AST, tenants typically have the right to live in the property for a fixed period (often six or twelve months) as agreed in the contract. After this initial period, the tenancy may become periodic, meaning it changes to a month-to-month basis (often referred to as a 'rolling contract') if neither the landlord nor the tenant decides to end it.
ASTs give landlords a clear path to regain possession of their property at the end of the tenancy, provided they follow the correct legal process. This type of tenancy strikes a balance between providing tenants with stability and giving landlords flexibility in managing their properties.
Types of Assured Shorthold Tenancy (AST)
Within the Assured Shorthold Tenancy (AST) framework, there are two main types of tenancy arrangements. Each type affects the tenant's rights and the steps a landlord must take to regain possession.
A fixed-term tenancy lasts for a specific period, usually six or twelve months, as agreed upon at the start of the contract. During this time, both the landlord and tenant are committed to the terms, and the landlord generally cannot ask the tenant to leave until the fixed term ends (unless there are grounds for eviction). When the term expires, the tenancy may be renewed, ended, or roll into a periodic tenancy.
A periodic tenancy doesn’t have a fixed end date. It typically follows the rental payment schedule, meaning it renews every week or month depending on how often the tenant pays rent. This type of tenancy gives flexibility to both parties, as either the landlord or tenant can end the agreement with proper notice.
If you’re planning to ask your tenant to leave, it’s essential to serve the correct eviction notice under the Housing Act 1988. Depending on the situation, you may need to issue either a Section 21 or a Section 8 notice. Each has its own purpose and process, and selecting the right one from the outset can help avoid delays and ensure everything is handled properly.
A Section 21 notice is often the go-to option for landlords looking to reclaim their property at the end of a fixed-term Assured Shorthold Tenancy (AST) or when a break clause can be activated. This notice simply informs the tenant that you want to take back your property, and you don’t need to give a specific reason for doing so. However, it’s essential to serve the notice properly to ensure it holds up legally.
Here are some key things to remember when serving a Section 21 notice:
It’s also important to note that, under the Deregulation Act 2015, you can’t serve a Section 21 notice during the first four months of the tenancy. Plus, it’s only valid for six months from the date it’s issued, so timing is crucial.
If you have specific reasons for evicting a tenant - like missed rent payments, damage to the property, or other breaches of the tenancy agreement - a Section 8 notice is what you’ll need. This notice outlines the grounds for eviction, and your tenant has the right to contest it in court, where you’ll need to provide evidence to support your case.
When serving a Section 8 notice, keep these points in mind:
In some situations, even with valid grounds for eviction, it may still be simpler to issue a Section 21 notice if the tenancy is nearing its end or if a break clause is available. It’s also possible to serve both a Section 21 and Section 8 notice simultaneously, giving you the flexibility to pursue either option if court proceedings become necessary.
Whether you choose a Section 21 or Section 8 notice, both serve the same purpose - allowing you to take back possession of your property in line with the law.
If your tenant refuses to leave after being served an eviction notice, you may need to take further action to reclaim your property. The first step in this process is applying for a possession order.
There are two main options for obtaining a possession order:
Once you submit your application, the court will send a copy to your tenant along with a form that allows them to respond within 14 days. If everything goes smoothly, you may receive a possession order without needing a hearing, typically enforceable 14 days after it’s granted. However, if your paperwork isn’t in order or if the tenant raises a significant objection, you might end up with a court hearing.
From the point you initiate proceedings to receiving the possession order, the process generally takes about six to ten weeks, assuming there are no complications.
If the tenant still hasn’t vacated the property after the order for possession has expired, you may need to instruct a County Court Bailiff to carry out the eviction. This can take an additional four to six weeks or longer, depending on the court’s schedule.
If you’re feeling uncertain about any part of this process, our expert Litigation Solicitors at GloverPriest are here to help. Don’t hesitate to reach out and let us guide you through the next steps.
It’s important to note that significant changes to tenancy law are currently being discussed in Parliament as part of the Renters (Reform) Bill. Key proposed changes include the abolition of Section 21 notices, which would end 'no-fault' evictions, and a shift towards open-ended assured tenancies instead of fixed-term agreements. For more information on how these changes may affect landlords, check out our detailed article here.
Evicting a tenant can be a complex and emotionally charged process, but understanding the steps involved can make it much more manageable. Whether you're navigating the different types of tenancy agreements or deciding between a Section 21 or Section 8 notice, having a clear strategy is essential.
It’s always best to approach the situation professionally and with empathy, ensuring you follow the legal requirements to protect your rights as a landlord. By doing so, you can minimise stress for both you and your tenant, leading to a smoother resolution.
At GloverPriest, our experienced Tenant Eviction Solicitors are here to assist you through every stage of the eviction process. We aim to provide practical solutions that often avoid the need for lengthy court proceedings. If you’re facing a landlord and tenant dispute or need guidance on eviction matters, don’t hesitate to get in touch. Complete our enquiry form today, and let us help you find the best way forward.
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