Tenant Eviction

To bring a tenancy to a conclusion and achieve a successful tenant eviction, there are different kinds of tenant eviction notices that may be served.

Successful Tenant Eviction citing Section 21

The first route is to use a notice citing section 21 which normally allows a landlord to repossess their property without reason. A landlord can use these tenant eviction notices at any point albeit a tenant has not contravened any of the tenancy agreement terms; on the condition that if a deposit has been provided, then this has been secured in a tenancy deposit scheme approved by the government. A notice by virtue of section 21 may only be served for repossession of a rental dwelling at the conclusion of an AST ; it should not be used to accelerate repossession whilst within the granted fixed term.

Click Here To Use The Free Section 21 Notice Creator

Successful Tenant Eviction citing Section 8

When landlords seek to recover possession prior to the conclusion of an agreed term, a section 8 notice may be issued where the tenant has violated the tenancy agreement. This is frequently employed where a tenant has not made the rent payments or other such violations including the property being damaged or annoying neighbours.

A section 8 notice will inform tenants that the landlord intends to seek repossession of their rental property and it should also stipulate clearly the grounds on which repossession is requested. Detailed in section 8 of the Housing Act are seventeen different grounds. Rent default is the most commonly cited issue and the pertinent grounds relating to rental debts are;
Ground No. 8; Rent was not up to date (see below) on the date that the notice was served as well as on the date of the hearing.

• Eight weeks rent is outstanding where the rent is settled each week or every fortnight.
• Two months rent is outstanding where the rent is settled each month.
• A quarter period of rent is more than 3 months late where the rent is settled each quarter.
• Three months rent is more than 3 months late where the rent is settled on an annual basis.

Ground No. 10; Rent which is legitimately owed to a landlord at the point the notice requiring repossession was served and had still not been settled by the time the possession proceedings are underway.

Ground No. 11; A tenant has continually failed to make the rent payments
Once a section 8 notice has been served, a tenant then has fourteen days to reply. It usually takes about five weeks for a hearing date after the application is made to the court.

A landlord or an agent must attend the initial court hearing as they are required to present to the court the particulars of the tenancy agreement, the relevant contravention of the agreement, details of any rent outstanding and the notice served. For many situations a judge will order the tenants to leave the property within 14 days, although this can be extended in some situations to 6 weeks.