Evict a Tenant
A landlord must serve on their tenant notice that they are seeking repossession, prior to taking any actions for a possession order from a court in order to evict a tenant. There are currently seventeen different grounds to evict a tenant during a fixed period AST as stipulated under Section 8 of the Housing Act.
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Legal Grounds to Evict a Tenant
Ground No. 1: a landlord requires their rental dwelling as they wish to live in it; as long as the landlord had previously lived in the rental dwelling.
Ground No. 2: the rental dwelling has a mortgage against it and the lenders are repossessing the rental dwelling.
Ground No. 3: the agreed tenancy is for a period fixed for no more than eight months; the rental dwelling is inhabited as a holiday letting and for at least twelve months previous to the tenancy commencing, it had been a holiday dwelling.
Ground No 4: possession is now required where the agreed tenancy was for a period fixed at no more than 12 months and the property was let out by an educational establishment.
Ground No. 5: the rental dwelling is a residence used for Ministers of Religion and is now wanted for another minister.
Ground No. 6: the landlord proposes to knock down or reconstruct the rental dwelling or perform major works and where the works cannot be completed unless they evict a tenant.
Ground No. 7: a new tenant does not have the right to assume the tenancy where a previous tenant has passed away.
Ground No. 8: rent has not been paid when the notice was served and at the time of the possession order hearing.
Ground No. 10: rent which is outstanding from the tenant has not been settled by the point that the possession proceedings are got underway and which was outstanding at the point the section 8 notice was served.
Ground No. 11: a tenant has continually not settled their rent on time.
Ground No. 12: a part of the tenancy agreement has been breached by the tenant.
Ground No. 13: the tenant has let the rental dwelling deteriorate.
Ground No. 14: the tenant or an individual visiting or living with them has been a nuisance or annoyance to neighbours. Sub section 14 A: states that where a married or common-in-law couple resided in the rental dwelling and one of them has departed the rental dwelling because of violent threats from the other party; is also an enforceable ground.
Ground No. 15: furniture in the rental dwelling has been damaged because the tenant or a person residing with the tenant has not cared for the furniture.
Ground No. 16: the tenant is not employed by the landlord anymore and the rental dwelling was provided to the tenant as a part of their job.
Ground No. 17: with the purpose of getting the landlord to grant the tenancy, the tenant has provided false information to the landlord.
Further advice should always be obtained when wishing to legally evict a tenant as the information given above is not a comprehensive breakdown of all section 8 clauses.