Tenants Eviction

To be able to successfully achieve a tenants eviction, notice must always be provided in a specific format.

Tenants Eviction - Once a Fixed Term has Ended.

As soon as the term of a tenancy agreement has reached an end, if a landlord requires that their tenant moves out, the landlord must give notice to their tenant in writing that he is pursuing possession of his rental dwelling. The served notice must provide a tenant with no less than two months to move out of their rented home however this notice can be issued on or after a date which should be two months preceding the day on which the term is due to end. The notice must state that it is by virtue of section 21 of the Housing Act.

Click Here To Use The Section 21 Notice Creator

If the tenant declines to leave when the notice expires, an application needs to be made to a court for a repossession order for the tenants eviction under section 21 in the 1988 Housing Act. Any court is compelled to grant an order if the tenancy is an AST, the expiry date of the term has taken place and the eviction notice has been properly served. Proceedings must start within twelve months of service of the notice or else another notice must be served.

Rental Arrears Leading to Tenants Eviction

If a landlord seeks their tenants eviction because they haven't paid rent, they must initially serve a notice on their tenant under section 8 of the pertinent Housing Act. The notice must tell the tenant that the landlord means to start off legal proceedings, but these can be no sooner than two weeks or no longer than 12 months from the notice's date. The notice must state that the reason, on which proceedings will be instigated, is ground number eight in section 8 of the 1988 Housing Act.

When rent is settled fortnightly or weekly then the rental payments should be greater than eight weeks behind on the day the notice is served and at the date of the repossession hearing. If the rental payment is made each month, then there should be more than two months in arrears; one quarter's rent should be 3 months in arrears if paid quarterly, and if once a year, three months rent should be three months behind.

Following the expiration of the notice the landlord should then launch a repossession claim at the court and as long as the above requirements are met, the court should agree to an order for repossession at the court hearing.

Tenants Eviction - the Possession Order

Subsequent to a possession order being issued the tenant must move out of the rental dwelling though this does not mean the landlord can get their tenants out by force. Most tenants do adhere to a court's ruling. If in spite of this, they still decline to leave the rental dwelling, a further application will be needed to have them evicted by a bailiff. The tenants can then be ejected by a bailiff from the rental dwelling and the property returned back to the landlord.