The eviction stages explained

. The longer the process to regain your property, the more you may lose in rent, while still covering mortgage payments, maintenance, and legal fees. Below is a typical outline of the eviction process, including the financial considerations at each stage.

Serving notice

The process begins by serving notice in accordance with the correct procedure. Most landlords will use either a Section 21 or Section 8 notice, depending on the following circumstances:

• Section 21: this route requires at least two months’ notice and is used when you want possession at the end of the fixed term or during a periodic tenancy. However, it does not allow you to claim rent arrears. It is also worth noting that Section 21 is due to be phased out under the proposed Renters (Reform) Bill, meaning it may not be an option in the future.
• Section 8: this is used when the tenant has breached the terms of the tenancy, such as falling into rent arrears or causing damage. Depending on the ground relied upon, the notice period can be as little as two weeks.

Applying for a court order

If the tenant does not leave by the expiry date in the notice, you will need to apply to the court for a possession order. This stage can take anywhere from a few weeks to several months, depending on how busy the courts are and whether the tenant decides to defend the claim. You will also incur a court fee and may need legal representation.

Bailiff enforcement (if required)

If the tenant still refuses to leave after a possession order has been granted, you will need to apply for bailiff enforcement. This adds further delay and cost, as it can take several weeks to arrange an appointment, and you must pay additional fees.

The uncertainty in the eviction timeline necessitates that landlords prepare for a range of scenarios. The longer the process drags on, the more it is likely to cost, particularly in terms of lost rent and ongoing property expenses.

Costs associated with the eviction process

The eviction process involves several steps, each incurring its own set of costs. Here's a breakdown:

• Legal fees: if you decide to hire a solicitor, fees can vary widely based on the complexity of your case and the solicitor's expertise. Some solicitors charge a flat fee, while others may charge hourly. Filing for eviction involves court fees, which are fixed but can vary depending on the type of eviction notice and court, and may be higher if court proceedings become necessary.
• Costs of serving notice: costs may include professional service fees if you are using a solicitor or an eviction service to draft and serve the eviction notice.
• Potential loss of rental income: during the eviction process, which can take several months, landlords may not receive rent if the tenant is in rent arrears. This loss of income should be factored into the overall cost of eviction, but may be recoverable later.

These costs vary significantly based on individual circumstances, the location of the property, and the specifics of the case.

How much is an eviction notice?

There is no fee to create and serve a Section 21 or Section 8 notice if you do it yourself. However, many landlords prefer to seek the help of an eviction specialist to reduce the risk of errors that could lead to delays, invalid notices, or protracted court proceedings. Professional fees for serving an eviction notice usually range from £200 to £350, depending on the service provided and the complexity of the case.

How much are standard possession orders and accelerated possession orders?

You’ll need to pay a court fee of £391 to apply for either a standard possession order or an accelerated possession order. The option you choose will depend on the circumstances of your tenancy and what outcome you’re seeking.

Accelerated possession orders

If you’re not claiming rent arrears and simply want possession of the property after serving a valid Section 21 notice, an accelerated possession order may suit your situation. This process is quicker and more straightforward than the standard route.

You’ll submit your application to the court with the required paperwork. As long as everything is in order, the court can grant possession without a hearing, often within a matter of weeks.

Standard possession orders

If your tenant owes rent or you expect them to dispute the claim, you should apply for a standard possession order. This process includes a court hearing, which gives you the opportunity to raise breaches of tenancy and deal with any counterarguments.

It usually takes longer - often several months - but gives the court the chance to hear both sides before making a decision.

How much does it cost to get bailiffs to evict tenants?

If your tenants fail to leave your property by the date given in an order for possession or fail to meet the conditions set out in the order for possession, you can get a warrant for possession order from the county court, which enables bailiffs to enforce the eviction.

This is £148 and done by submitting Form N325 to the courts or the Possession Claim Online service if you used it to submit the original eviction notice

Can I recover eviction costs from a tenant?

In some circumstances, landlords may be able to recover some or all eviction-related costs from a tenant. This typically depends on several factors:

• Tenancy agreement:review the agreement for any clauses that permit the recovery of legal or enforcement costs following a breach.
• Tenant conduct: where eviction is a result of serious breaches, such as non-payment of rent, antisocial behaviour, or damage to the property, there may be a stronger basis for claiming costs.
• Court order: during possession proceedings, the court may order the tenant to pay the landlord’s costs, particularly where the tenant has acted unreasonably or failed to comply with legal obligations.
• Negotiated settlement: in some cases, landlords and tenants may reach an agreement that includes a contribution towards legal fees in exchange for avoiding further action.

Can I evict a tenant without going to court?

In some cases, yes. If you are a live-in landlord - for example, if your tenant is a lodger and you share kitchen or bathroom facilities - you can give reasonable notice to quit without applying to the court. Once the notice period has expired, you are entitled to change the locks without a possession order, provided you have followed the correct procedure.

In other situations, such as when using a valid Section 21 notice for an assured shorthold tenancy, you may be able to use the accelerated possession procedure. This route does not usually require a court hearing, but it still involves a court application and a judge’s review of the paperwork. If the documentation is in order, possession can be granted without either party attending court.

Additional costs and considerations

Beyond the direct costs of legal fees, court charges, and lost rent, there are additional financial considerations that landlords must be aware of during the eviction process. Tenants facing eviction might not maintain the property well, leading to potential damage. After eviction, landlords might need to invest in repairs and maintenance before re-letting the property.

Some insurers might increase premiums if your property has a history of evictions, considering it a higher risk, and advertising costs for new tenants should be factored in.

Time spent on eviction is time away from other potentially profitable activities, like managing other properties or investing in new opportunities.

These additional costs can accumulate and even exceed the direct eviction costs if not managed carefully. Landlords must consider these factors and budget for the unexpected to mitigate the overall financial impact of eviction.

How to minimise the risk and cost of evicting a tenant

While eviction can be costly, there are strategies landlords can employ to mitigate these expenses and reduce the risk of a prolonged process. Conducting thorough background checks and referencing can help you select reliable tenants, potentially reducing the chance of future evictions.

Regular, clear communication can help resolve issues before they escalate to the point of eviction. Understanding and addressing tenants' concerns early can lead to amicable solutions. Routine inspections can help you spot and address maintenance issues early, reducing the risk of property damage and ensuring the tenancy runs smoothly.

Being well-informed about both your rights and responsibilities as a landlord and the rights of your tenants can help prevent legal missteps that might prolong the eviction process or lead to additional costs. This can be done by drawing up and familiarising yourself with a strong and compliant tenancy agreement. Consulting with tenancy and eviction experts like AST Assistance at the first sign of trouble can help you navigate the situation more effectively, potentially avoiding a costly eviction process.

By adopting these proactive measures, landlords can not only minimise the costs associated with eviction but also foster a more positive and stable relationship with their tenants, reducing the likelihood of eviction in the first place.

If you find yourself dealing with an eviction and need advice, AST Assistance can help you to understand your situation by offering guidance from start to finish. To learn more, simply call us today on 01706 619904, or fill out the form on our contact page to arrange a time for us to call you back.