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Property Litigation Q&A: Evicting a tenant - Advice for landlords in 2022

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Evicting a tenant: Advice for landlords in 2022

Eviction should be a last resort and isn’t something that should be gone about lightly.

In this Property Litigation Q&A, Property Litigation specialist Michelle Hayter outlines how landlords can go about the eviction process…

How to evict a tenant

If the tenancy in question is under an Assured Shorthold Tenancy (AST), you can evict your tenant at the end of their fixed term with a Section 21 notice using form 6A.

This is known as a ‘no-fault’ eviction, as landlords don’t need to provide a reason for ending the tenancy.

If you wish to evict your tenant during the course of the fixed term, you will have to use a Section 8 notice and rely upon one of the grounds - which we set out later in this article.

We can advise you of which form to use and why upon enquiry.

Can I still issue a Section 21 notice?

At the time of writing, yes – it is still possible to issue a Section 21 notice for eviction.

However, The Government recently anounced that Section 21 evictions will be abolished sometime in 2024. Find out more here.

When will Section 21 be abolished?

Although it is not clear when Section 21 will be abolished, its clear that landlord will have to rely on Section 8 evictions at some point going forwards.

There is hope that Section 8 grounds will be amended to make it easier for landlords to rely upon them, however it is unclear at this stage what changes will be made.

What are the grounds for a Section 8 notice?

A Section 8 notice can only be served when a tenant is in breach of the tenancy agreement.

Landlords will have to give a ‘concrete and evidenced reason’ to evict a tenant.

The most common grounds are:

  • Rent Arrears
  • Failure to pay rent
  • Property damage
  • Antisocial behaviour
  • Subletting

A full list of grounds can be found here.

How much does it cost to evict a tenant UK?

Irrespective of the type of notice that you have used, if the tenant does not vacate by the time the notice expires, you will need to issue possession proceedings with Court to get an Order that the tenant must leave.

This incurs a Court fee of £355.00.

How long does it take to evict a tenant?

The timescale for evicting a tenant varies depending upon which notice is used, however the full process usually takes a few months.

At Frettens, we’d be happy to advise you on your eviction rights, review your documents, draft your eviction notice for you, apply to Court for a possession Order and represent you at Court if appropriate to take the stress and hassle out of the situation.

We can provide you with a cost estimate before you proceed.

Please don’t hesitate to get in touch with us here, to discuss this further.

Can I evict a tenant myself?

You can evict your tenant yourself, however eviction notices are complex documents and any mistake in drafting them can derail any potential claim in Court to recover possession of your property.

Furthermore, you can be barred from relying upon using a notice if certain prescribed information was not provided to the tenant during the tenancy.

We therefore recommend that you speak to a solicitor if you are thinking of evicting a tenant for independent legal advice.

What happens if a tenant refuses to leave?

If your tenant refuses to leave after you have obtained a Court possession Order, we can instruct the Bailiffs to remove them – giving you your property back and bringing an end to the dispute.

Read our comprehensive residential landlord's guide here.

Related: Do I need to protect my tenant's deposit?

Specialist Property Litigation Solicitors

If you feel that you would benefit from advice on eviction or any of the other issues discussed within this article, please don’t hesitate to get in touch with our Property Litigation Team.

We will be able to advise you on the appropriate way of proceeding, as well as represent you throughout negotiations and Court proceedings if necessary.

We are pleased to offer a free initial chat for all new clients. Call us on 01202 499255, or fill out the form at the top of this page.

Stay up to date

Michelle Hayter, authors a monthly Q&A where he provides advice on a wide variety of Property Litigation related topics.

To keep up to date with Property Litigation news, updates and Q&As; you can sign up to our email newsletter here.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.