What are the types of evictions?

Landlords typically use two main types of eviction processes: Section 21 and Section 8 evictions.

• Section 21 eviction: often known as a 'no-fault eviction,' is the most common way to end an assured shorthold tenancy agreement. This allows landlords to regain possession of their property without providing a specific reason once the tenancy’s fixed term ends, provided they follow appropriate legal notice periods and documentation requirements. These can only be used to evict tenants under periodic tenancy agreements and can't be used to evict tenants on fixed-term tenancy agreements. Landlords should be aware that Section 21 evictions may soon be phased out under proposed legislative changes expected to come into effect in 2025 as a result of the Renter’s Reform Bill.
• Section 8 eviction: on the other hand, requires landlords to specify grounds for eviction and ending a tenancy early, such as rent arrears, property damage or breach of the tenancy agreement. The Renter’s Reform Bill is expected to expand the applicable grounds for a section 8 eviction, including for reasons such as anti-social behaviour, repeated rent arrears and if a landlord intends to sell or let their family move into the property.

Each type of eviction follows its own set of legal requirements and processes that landlords must carefully adhere to, to avoid procedural issues or potential legal action.

What must be included in an eviction notice?

An eviction notice must contain specific details required by UK housing law to be legally enforceable. It is important to clearly include all necessary information, as failing to do so can lead to delays, legal complications or the dismissal of your eviction proceedings. The details that must be included in an eviction notice and the recommended order to include them are:

• Tenant’s details: provide the tenant’s full legal name (as stated in the tenancy agreement) and the full address of the rented property, including the postcode.
• Landlord’s details: include your full name as the landlord, as well as your current contact information. If an agent is acting on your behalf, their details should also be clearly stated.
• Reason for eviction: state clearly the reason for eviction and ensure it directly references specific legal grounds. For example, specify the exact nature of tenancy breaches or the extent of rent arrears, citing the relevant grounds as outlined under Section 8 of the Housing Act 1988, if applicable.
• Eviction notice type: indicate whether the notice is issued as a Section 8 or Section 21. This distinction is important, as the type of eviction notice directly influences the eviction process, timescales, and your responsibilities as a landlord.
• Vacate date: state the exact date by which the tenant must leave the property. Ensure this complies with minimum notice periods legally required under the chosen eviction type - typically two months for Section 21, notice or between two weeks and two months for Section 8, depending on the circumstances.
• Signature and date: End the notice with your signature and the date you’ve constructed the notice. This confirms who is serving the notice and provides a clear reference point for when the notice period begins.

When should I send an eviction notice?

Landlords should send an eviction notice promptly upon identifying clear and justified legal grounds for regaining possession of their property before a tenancy period ends. Common circumstances that typically lead landlords to issue eviction notices include:

• Rent arrears: when a tenant repeatedly fails to pay rent on time or accumulates significant unpaid rent. Before issuing the notice, landlords should ensure that clear records of missed or late payments are maintained, as these will serve as evidence if the eviction proceeds to court.
• Damage to the property: if the tenant causes serious or extensive damage beyond what is considered normal wear and tear, landlords have legitimate grounds to issue an eviction notice. It is advisable to document this damage carefully, including photographic evidence and written records of repairs or inspections, as these may be required during legal proceedings.
• Breaches of tenancy terms: this includes situations where tenants violate conditions clearly outlined in the tenancy agreement. Common breaches include keeping unauthorised pets, subletting the property without permission, persistent antisocial behaviour causing disturbance to neighbours, or using the property for illegal activities. Evidence of these breaches should be carefully documented before proceeding with an eviction notice.

Other legal obligations to follow

In addition to sending the appropriate eviction notice, landlords must comply with several key legal requirements, including:

• Keeping accurate records of tenancy agreements, rent payments, communications, inspections and maintenance for at least six years.
• Providing tenants with required documents, including the Government's 'How to Rent' guide, Energy Performance Certificates and gas safety certificates.
• Protecting tenant deposits in a recognised scheme within 30 days and issuing prescribed information.
• Adhering to legally required notice periods and avoiding unlawful eviction methods, such as harassment or changing locks without court approval.
• Following court procedures to obtain a possession order and, if necessary, arranging eviction through court-approved bailiffs.

The implications of not meeting these obligations

Failure to meet these obligations can have serious implications for landlords, including:

• Eviction proceedings dismissed by courts due to improperly issued notices or incomplete documentation, leading to extended tenant occupancy and delays in regaining property possession.
• Financial penalties or compensation claims brought by tenants.
• Potential criminal charges resulting from harassment or unlawful eviction practices.
• Damage to the landlord’s reputation, affecting their future ability to let properties.

What can I do if the tenant ignores the eviction notice?

If a tenant ignores an eviction notice and does not leave by the required date, landlords must follow a structured legal process to regain possession. This involves several steps:

Applying for a possession order

The first step is to apply to the court for a possession order. Landlords must complete the relevant court application form and submit supporting evidence, including eviction notices, rental payment records or documentation proving breaches of tenancy terms. They will schedule a court hearing, giving both landlord and tenant the opportunity to present evidence. If the court finds the eviction notice valid and the claim justified, it will grant a possession order specifying a date by which the tenant must leave.

Applying for a warrant for eviction

Should the tenant fail to vacate the property after the court-issued possession date, landlords can then apply to the county court for a warrant for eviction. This application requires a fee and formally requests the court’s authorisation for enforcement officers to physically carry out the eviction. Once approved, the court will confirm a specific eviction date.

Enforcement by court bailiffs

The eviction itself must be conducted by court-approved bailiffs who are legally authorised to remove the tenant from the property. Landlords cannot enforce the eviction themselves. On the agreed eviction date, the bailiffs will attend the property, ensure tenants leave and allow the landlord to regain possession. Landlords should attend this appointment or arrange representation to secure the property and change locks once the eviction is complete.

Get help with evictions from AST Assistance

When dealing with evictions, private landlords must carefully follow the correct legal procedures to avoid unnecessary complications or penalties. AST Assistance offers professional guidance and support with evictions, helping you understand your obligations, prepare accurate eviction notices and follow proper court processes. Our experienced team can assist you throughout the eviction process, giving you peace of mind that your actions are legally compliant and ethically sound. For advice and assistance, contact AST Assistance today by calling 01706 619 954 or by completing our contact form.