Eviction
The eviction of a tenant from a property is a complex process which must be undertaken sensitively and in accordance with strict procedures. The type of tenancy agreement between tenant and landlord and the terms within it will determine the procedures to be taken.
During a fixed term tenancy, there are only certain 'fair grounds' for the landlord to serve an eviction notice on a tenant. These include:
- The tenant is in arrears with the rent.
- The tenant has engaged in anti-social/damaging behaviour.
- The landlord wants to move back into the property.
- A break clause is included in the contract which enables the landlord to evict a tenant at a certain point before the end of the fixed term.
At the end of the fixed term, such reasons are unnecessary, as the landlord can serve a ‘notice to quit’ to evict the tenant. Under section 21 of the Housing Act 1988, the landlord must give at least two months’ notice, unless the terms of the tenancy agreement make provision for a shorter notice period.
For the eviction notice to be legal, the landlord must have protected the tenant’s deposit in a Tenancy Deposit Protection scheme, and the tenant must not have complained to the council about the living conditions resulting in the landlord being served a warning.
If the tenant refuses to move out by the date required by the landlord, they may apply to a court for a possession order (this cannot be issued within the first six months of a tenancy). If this is served to the tenant by the landlord but the tenant still remains in the property, the landlord may apply for a warrant for possession. This enables the landlord to hire bailiffs to evict the tenant.
If the landlord lives with the tenant, this is known as an excluded tenancy. Only ‘reasonable notice to quit’ is needed. What is deemed ‘reasonable notice’ can depend on factors such as the length of time the tenant has lived there, how often they pay rent, and how quickly another tenant is required to move in by the landlord.
If the tenant refuses to leave after this notice period, an application to a court is not required, the landlord can simply change the locks on the tenant’s rooms. (The landlord must, however, give the tenant their possessions.)
If the tenant believes they have been given insufficient notice to leave, they can seek advice from the local council, who may take action on the tenant’s behalf if the eviction notice has been served illegally.
If it is an assured shorthold tenancy (AST) or a statutory periodic tenancy, and there is a written tenancy agreement, it is after the end of a fixed term tenancy and the correct notice has been given, the landlord can pursue an accelerated possession procedure, which is faster than having to apply for a court hearing (typically, 6-10 weeks).
The county court should be applied to for accelerated possession, who will then serve the papers on the tenant, who has the right to lodge an objection within 14 days.
[edit] Related articles on Designing Buildings Wiki
- Adverse possession.
- Assured shorthold tenancy.
- Code of practice for letting and managing agents.
- Difference between assured shorthold tenancy and assured tenancy.
- Excluded occupier.
- Ground rent.
- Hybrid assured shorthold tenancy.
- Landlord.
- Landlord and Tenant Act.
- Lease Negotiations - Tenants Checklist.
- Leasehold.
- Leasing a property - what you need to know.
- Property guardianship.
- Rent.
- Section 8 notice.
- Section 13 notice.
- Section 21 notice.
- Short term lets.
- Squatting.
- Subletting.
- Tenancy deposit protection.
- Tenant.
Featured articles and news
A transformative shift in the design, construction and management of built assets.
Apprenticeship announcement by the Prime Minister
Welcomed but with call for more actionable detail.
Heat pump announcements, what homeowners need to know
An 'ultimate guide to heat pumps' from a heating company.
Construction contract awards reach 7.1bn in February
Their highest level in seven months.
The journey to sustainability in heritage
Research is the key to better understanding.
Heritage approaches to adaptation, mitigation and loss.
Bridging the gap between policy, finance and installation.
Development on brownfield land
Definition, background, policy and the latest consultation.
With the Design Framework for Building Services.
Retrofit of Buildings, a CIOB Technical Publication
Pertinent technical issues, measures and the roles involved.
ECA joins HSE campaign to support mental health
Working Minds’ five simple steps based on risk assessment.
Mental health in the construction industry
Mental health issues in brief with related articles.
Transitional arrangements, Building Control and the BSR.
For pre-October buildings with substantial progress by April.
Why quality counts in domestic ventilation systems
From products, to systems to the installation.
Empowering the Future with CIOB Academy
Lifelong learning, upscaling, and reskilling for the built environment.