Understanding evictions

For tenants under assured shorthold tenancy agreements, you must provide a minimum notice period after serving written notice to leave using a valid Section 8 or Section 21 notice.

A Section 8 notice is used when a tenant has breached the terms of the tenancy agreement, for example by falling into rent arrears or causing damage to the property.

A Section 21 notice, often referred to as a no-fault eviction, can be served if you wish to regain possession to sell the property. However, the rules governing Section 21 notices are strict, and you must comply with all procedural requirements, including giving the correct notice period and ensuring any deposit protection obligations have been met.

How much notice do you need to give a tenant when selling in the UK?

The length of notice you must give a tenant when selling a property depends on how long they have occupied the premises.

• If the tenant has lived in the property for less than one year, you are required to provide at least four weeks’ notice.
• For tenants who have occupied the property for between one and ten years, the notice period increases to a minimum of eight weeks.
• Where the tenant has been in residence for ten years or more, you must give at least twelve weeks’ notice.

It is also important to note that these notices cannot be served within the first four months of a tenancy agreement. You must ensure all notices are issued correctly and in compliance with statutory requirements to avoid delays or potential legal challenges.

What if the tenant doesn't leave by the eviction notice date?

If the tenant does not leave by the date specified in the eviction notice, you can apply to the court for a possession order. The court may arrange a hearing to consider your application and commence with eviction proceedings. If the court grants the possession order and the tenant still refuses to vacate the property, you can then request a warrant of possession. This allows court bailiffs to attend the property and lawfully remove the tenants.

It is necessary to follow each step of the eviction process correctly, as any procedural errors can cause delays or lead to your application being rejected.

Can I still sell my property even if the tenant is still there?

You can still sell your property while the existing tenant remains in occupation. In this situation, the tenants are known as sitting tenants.

When the sale completes, the buyer effectively steps into your position as the landlord. If the new landlord wishes, they can choose to continue the existing tenancy on the same terms, negotiate a new tenancy agreement, or, if they prefer, begin the process of regaining possession by following the correct eviction procedures.

If you are considering selling with sitting tenants in place, it is advisable to be clear with prospective new owner about the status of the tenancy and any legal obligations that will transfer with ownership.

How AST Assistance can help with the sale of tenanted property

Whether you are planning to evict a tenant to progress with a sale or you are considering letting your property now and want to understand how this could affect a future sale, AST Assistance can provide clear, thorough guidance on every aspect of compliance and the correct procedures.

From advising on notice periods and preparing the necessary documentation to helping you manage tenant communications and minimise the risk of disputes, our team will support you at each stage of the process.

Get in touch today by calling 01706 619954 or using our online contact form to discuss your situation in confidence and find out how we can help you protect your interests and achieve a smooth sale of rented property.