Guiding you through the complex eviction process
When it comes to asking a tenant to leave a property, eviction is often considered to be a last resort. Usually, this type of situation can be dealt with quickly and efficiently between the landlord and tenant without the need for any assistance. However, in some cases, evicting a tenant is easier said than done. The eviction process can become very difficult, and you may require the help of an expert to navigate this process.
At HomeLet, we appreciate that each individual case is different and that a “one size fits all” approach just won’t do. Our in-house legal team are dedicated to treating each case on an individual basis, helping you to regain control. We’ll talk to you about the best ways to move forward, and we’ll make sure we handle your case in line with current legislation and regulations.
Before you start the eviction process, it pays to get up to speed with what’s involved. Keep reading to find out more information about the eviction of a tenant and the steps you should take to ensure you do this legally and effectively.
How to evict a tenant
If you want to let your tenant know that you wish for them to leave your property, you’ll need to start by serving them notice. This will either be a Section 8 or Section 21 notice under the Housing Act 1988 (as amended).
Section 8 vs Section 21: what’s the difference?
A Section 8 eviction notice is given when you wish to evict the tenant because of something they have, or have not, done such as the tenant failing to pay their rent, causing damage to your property or they are being a nuisance to neighbours. In these instances, you are able to end the tenancy agreement during its fixed term if the tenant has failed to comply with the terms of it. However, it’s important to be aware that your tenant has a right to dispute it, and if it goes to court, you will need to provide evidence for the reasoning behind the request for eviction.
On the other hand, a Section 21 is served to give ‘notice of possession’ to the tenant. This notice allows you to take back possession of the property at the end of a fixed-term tenancy agreement or trigger an agreed break clause. Unlike a Section 8 notice, you don’t need to give a reason as to why you are claiming possession when you serve a Section 21 notice.
You can serve both a Section 8 and a Section 21 notice at the same time, and you can also issue court proceedings on one or both types of notice. While each notice is completely independent, they both arrive at the same outcome - you get your property back.
Serving a Section 8 eviction notice
At HomeLet, we can assist you in serving a Section 8 eviction notice. Our experts are on hand to assist you every step of the way, helping you to successfully remove your tenants from your property. To serve a Section 8 notice, you must first complete the prescribed notice, which is referred to as Form 3, otherwise known as a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’ form. In regards to the notice, you will need to specify the terms of the tenancy agreement that have been breached. You must give between 14 days and two months’ notice depending on the terms of your notice and take into contemplation the amount of time that is required for effective service of the notice.
Applying for a standard possessions order
If your tenants refuse to leave by the date you’ve specified in the Section 8 notice, you’ll need to apply to the court for a possession order.. You’ll be required to find the County Court for the local area in which the property is situated and then fill out two forms - a N5 claim for possession form and a N119 particulars of claims for possession, both of which you can complete online. It’s important to note that this process can take up to a further four to six weeks. If the order for possession has expired and the tenant has not vacated the property, you will need to give instruction to the County Court Bailiff to evict.
At HomeLet, we offer a three-stage eviction service:
Our experts will prepare a Section 8, or Section 21, eviction notice and supporting demand letter for your tenant on your behalf.
£79 + VAT
If the tenant doesn't respond to the eviction notice served to them during Stage 1, we’ll arrange for the issue of Court Proceedings and seek a Possession Order, along with a Money Judgement if it’s required. A Money Judgment is a court order setting out how much your Tenant(s) owes you up until the hearing. An experienced advocate, appointed by HomeLet, will then present your case in court - all you or your letting agent need do is give evidence of arrears if necessary.
£399 + VAT + court costs
If the Possession Order is made in your favour, your tenant needs to leave the property. If they don’t do this, we’ll apply to the court for an eviction appointment. The court will arrange a date and time for a bailiff to attend your property and evict the tenant.
£89 + VAT + court costs
Find out more
At HomeLet, we appreciate that the eviction process can be difficult to navigate. Our experts are on hand to assist you every step of the way, and you can trust us to handle your case with the utmost professionalism at all times. We can offer you the help and guidance you need, enabling you to arrive at an outcome that you’re happy with. To find out more about the eviction services we offer, don’t hesitate to contact our experienced legal team on 0330 333 7067.
Get the latest landlord news and tips
Simply enter your name and email address below, and we'll send you our monthly Landlord Lowdown email - which is full of the latest news, views and tips for landlords.