Regain control of your property quickly and efficiently.
When it comes to asking a tenant to leave a property, eviction is often considered a last resort. Evicting a tenant can be a difficult process, and it is advisable to seek the help of an expert to ensure you follow the strict procedures involved.
At AST Assistance, our aim is to help you regain control of your property quickly and efficiently. We will discuss your circumstances with you, talk you through the best ways to move forward, and make sure the process is handled in line with current legislation and regulations.
Our approach to evictions
Approaching the eviction of a tenant takes accuracy, efficiency and sound knowledge of property rules and regulations. Our team prides itself on advising and guiding landlords through the eviction process to successfully evict tenants from a property. We will always strive to settle matters without the need to go to court - three out of four cases we handle are resolved before involving the courts.
If your matter should need to go to court, we will provide the advice and guidance to successfully obtain a possession order. We have a 98% success rate in obtaining possession orders in court hearings.
In order to evict a tenant, we follow four steps:
Step 1 - Take control
We take control of the situation by:
- Issuing the relevant notices to problem tenants
- Managing the tenancy for you
- Starting any debt recovery action
Step 2 - Take action
On the day the notice period ends, we:
- Arrange the preparation of the court paperwork
- Submit your claim to the courts on your behalf following your approval
Step 3 - Take it to Court
If the case needs to go to court, we will:
- Arrange the preparation and presentation of the court bundles
- Handle any queries from the tenant
- Arrange for legal representation to advocate for you in court
Step 4 - Take possession
If the tenant does not leave the property by the court’s deadline, we will:
- Instruct bailiffs to remove the tenants
- Attend the eviction to save you any confrontation with the tenants
Why you should choose AST Assistance
Serving notice is the most important part of the tenant eviction process, as you cannot do anything until it has been served. However, it is not as straightforward as simply giving notice, and one minor mistake can cause serious problems. That’s why it’s important to turn to help from tenant eviction specialists, like AST Assistance.
We have been helping landlords to regain control of their properties since 2018 and are proud of our northern roots by providing an honest, upfront service to our clients that gets them results. We pride ourselves on our communication by ensuring we respond to you within 24 hours.
You don’t have to take our word for it, take a look at our testimonials to hear about what other landlords have had to say about working with us.
How do you evict a tenant?
Before pursuing a tenant eviction, you should try to resolve any disputes with the tenant. For example, working with your tenant to manage rent arrears or agree a rent repayment plan can often reduce the need for starting an eviction process.
If you still wish to evict a tenant, there are three steps you must take:
1. Serve the tenant notice
This will either be a Section 8 (for tenants who have broken the terms of the tenancy) or Section 21 notice under the Housing Act 1988. We can assist you in serving either type of notice.
Section 8 notice
To serve a Section 8 notice, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’ (also referred to as Tenancy Form 3). In the application, you will need to specify which terms of the tenancy have been broken.
You must provide reasonable notice to the tenant when you issue a Section 8 notice - in England, the amount of notice to be given depends on the reason for the eviction. To find out the correct notice period, visit the government website.
Section 21 notice
You can use a Section 21 notice to evict tenants after a fixed-term tenancy ends, or during a tenancy that has no fixed end date. To serve a Section 21 notice in England, you must complete Form 6a if the tenancy began or was renewed after 30th September 2015. In Wales, you must explain to the tenant in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998.
The notice period you must give tenants in England to leave a property is a minimum of two months. If the tenancy agreement includes a clause for a fixed-term tenancy to continue as a periodic tenancy, the amount of notice must be the same as the rental period, if this is longer than two months. For example, if a tenant pays rent every three months, you must provide three months’ notice. In Wales, tenants under a periodic tenancy must be allowed to stay for the notice period, in addition, to anytime covered by their final rent payment.
After a notice has been given, it is important that you keep proof of serving the notice in case the tenants do not leave the property by the specified date.
2. Apply to the court for a possession order
If the tenant does not leave by the date specified in the notice and owes you rent, you will need to apply for a standard possession order. If no rent is due, you can apply for an accelerated possession order.
You will need to fill in an application at the County Court for your tenant’s local area. The court will then send a copy to the tenants who will need to reply within 14 days. This period can be extended by the judge if the tenant is in serious difficulty.
3. Apply for a warrant for possession
If the tenant will still not leave the premises, you will need to apply for a warrant for possession. This means bailiffs are able to remove tenants from your property. In order to speed up the process, you can request the case be transferred from the County Court to the High Court, and a High Court enforcement officer will carry out the eviction.
FAQs about tenant eviction notices
Do I need a reason to evict a tenant?
Landlords are not able to evict tenants for no reason, unless a fixed-term tenancy has ended or there is no fixed end date. In order to undertake a tenant eviction, you need to provide at least one good reason to evict and back it up with evidence. Reasons for evicting tenants include:
- Rent arrears
- Late rental payments
- Breach of contract (e.g. smoking, pets, subletting, and so on)
- Repairs, disrepair or development
- Illegal or antisocial behaviour
- Damage to property
- Providing false information
Can a landlord evict a tenant before the tenancy agreement expires?
A landlord can only evict a tenant before the fixed term is up if the tenant has breached the tenancy agreement. If a breach has occurred, you must make an application for a Section 8 notice. A Section 8 notice must state that you intend to seek possession of the property and the ground(s) on which possession is sought. The amount of notice given will depend on the reasons why you wish to possess the property.
Can a landlord evict a tenant after the tenancy agreement expires?
A fixed-term tenancy will end at midnight on the last day of the fixed term, unless there is a contractual periodic tenancy in place. If a tenant does not vacate the premises after the lease expires, you will need to apply for a Section 21 notice. The notice period for a Section 21 notice is two months in England, unless the tenancy is periodic, meaning the amount of notice must be the same as the rental period. In Wales, tenants must be allowed to stay for any time covered by their final rent payment, as well as the notice period.
What’s the difference between a Section 8 and Section 21 notice?
There are two types of notices you can serve when it comes to tenant eviction: Section 8 and Section 21. The main difference between the notices is the reason behind why you are serving that type of notice.
Section 8 notices are given when you wish to evict a tenant because of something they have, or have not, done, such as:
- Failing to pay their rent
- Causing damage to the property
- Being a nuisance to neighbours
Exceptions to this rule include a landlord wanting to move back into the property, and whether or not the property was previously used as a holiday let.
In these circumstances, you are able to end the tenancy agreement during its fixed term as a result of the tenant failing to comply with its terms. However, tenants have the right to dispute a Section 8 notice. In this instance, a case may go to court where you will need to provide evidence for the reasoning behind the request for eviction.
For Section 21 notices, a reason does not need to be provided to why you are claiming possession of the property. This notice can either be used to take back possession at the end of a fixed-term tenancy agreement or trigger an agreed break clause.
Both Section 8 and Section 21 notices can be served at the same time, and court proceedings can be issued for one or both types of notice.
Take back control of your property today
The tenant eviction team at AST Assistance is ready to help you today. Find out how to get the results you need to take back control of your property. Speak to a member of the team by calling 01706 619 954, emailing email@example.com, or using our online form to request a call back.