Thinking Of Evicting Your Tenants?

Posted on: 29 July 2020

Thinking of evicting your Tenants? Get the simple A-Z of what you need to know Firstly, in all eviction cases Arch Living work on your behalf ensuring the entire process is handled efficiently without you having to get involved. However if you’re new to the game and you want to understand what happens when bad Tenants get the boot, this article is for you!

Section 21 notice:

This exists for getting property back after a contract ends. This can be used to evict tenants after the end of a fixed term tenancy (if a written contract exists) or during a tenancy where there is no end date (termed a ‘periodic’ tenancy).

For more information about section 21 click here.

A Section 8 Notice:

If the Tennant brakes the terms of the tenancy and they have an assured short-hold tenancy they can be evicted using a Section 21 or Section 8 notice, or both. A Section 21 notice is appropriate when a fixed term tenancy, with a written contract, expires.

There are certain conditions that would prevent a Section 21 notice being used, if for example it were less than 4 months since the beginning of the tenancy, or the fixed term has not yet expired. If you’re still struggling to decide, give us a call on 0116 270 6699 and we can talk you through it.

For more information about Section 8 click here.
Standard Possession Orders:

This exists should the tenant leave the property before the date on the notice, whilst owing you rent. You can utilise use the Possession Claim Online Service if you want to reclaim your property due to outstanding rent.

All legal and court forms can be filled in online and the facility allows you to view the progression of the clam. The cost for this service is £325. For more information about Standard Possession Orders click here.

Accelerated Possession Orders:

This exists if you’re not claiming any unpaid rent and your Tenants have not exited the property by the date outlined in the Section 21 notice. This procedure is sometimes speedier than the Standard Possession Order and it doesn’t require a court order.

The cost for this service is £355 For more information about Standard Possession Orders click here.

A Warrant for Possession:

If Tenants refuse to leave, this option can be used including the legal removal of said Tenants by force). To learn more about Warrants for Possession click here.

In these circumstances its worth considering a ‘Writ of Possession’. This can be used if you transfer the warrant from the county court to the High Court. A High Court officer can affect a speedier eviction process of your Tenant this way. For more information click here.

Excluded tenancies or licences

If your Tenants have an Excluded Tenancy or Licence there’s no need to go to court to evict them (if for example if they live with you). In this instance you give them ‘reasonable notice’ to quit, meaning the length of the rental period itself.

If you have Tenants on a weekly contract your period of notice would be one week. This notice doesn’t need to be served in writing and once the period of notice has expired you can replace the locks on the apartment doors even if the Tenants valuables are still in their rooms.

Any Tenant with a residency starting before 27 February 1997 could have an Assured or Regulated Tenancy. Here they have greater levels of protection and different guidelines may apply. To know more about Assured Tenancies and Regulated Tenancies in England contact your local Shelter.

Managed Payments:

This is a scheme where Landlords are paid rent owed to them directly if the Tenant claims Universal Credit or Housing Benefit. In this case you wouldn’t need to evict them, you may be able get the rent paid directly to you.

With Universal Credit, simply contact the Department for Work and Pensions. With Housing Benefit contact the local council that pays your tenants’ benefits. For more information on the legalities of Tennant eviction click the .Gov link here.

Alternatively, for a less draining experience on the eye balls, call Arch Living on 0116 270 6699.


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