Can I Evict My Tenant? Legal Steps for UK Landlords

Yes, as a landlord in the UK, you can evict a tenant, but it must be done following specific legal procedures. The type of tenancy, the reason for eviction, and the notice period required will determine the steps you need to take. Here’s a breakdown of the process and your rights as a landlord:

1. Understanding the Type of Tenancy

Most tenants in the UK are on an Assured Shorthold Tenancy (AST), which is the most common form of residential tenancy. The process for eviction varies depending on whether the tenancy is periodic (rolling month to month) or fixed-term (a set period, such as 12 months).

2. Reasons for Eviction

The two most common reasons for eviction are:

• The tenant has violated the tenancy agreement (e.g., not paying rent, causing damage, or engaging in anti-social behaviour).
• The landlord wants to regain possession of the property (e.g., to sell it, move in, or for other personal reasons), often after the fixed term has ended.

These reasons will dictate which legal notice you serve to your tenant.

3. Eviction Process

Section 21 Notice (No-Fault Eviction)

• A Section 21 notice is used when you want the property back at the end of a fixed-term tenancy or during a periodic tenancy. You do not have to provide a reason for the eviction, but you must follow specific rules:
  • Minimum notice period: You must give the tenant at least two months’ notice to leave the property.
  • End of fixed term: You cannot serve a Section 21 notice during the fixed term, unless it’s about to expire.
  • Compliance: Before serving a Section 21 notice, you must ensure that certain conditions are met, such as providing the tenant with an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the government’s “How to Rent” guide.

Section 8 Notice (Fault-Based Eviction)

• A Section 8 notice is used when the tenant has breached the terms of the tenancy agreement. This could include:

  • Rent arrears
  • Damage to the property
  • Anti-social behaviour

  The notice period for a Section 8 eviction depends on the grounds for eviction. For rent arrears, the most common ground, you can usually give two weeks' notice.

Notice Periods and Exceptions

The notice period varies depending on the grounds for eviction. For example:

• If you are evicting for rent arrears (Ground 8), the notice period is 14 days.
• For anti-social behaviour (Ground 7A), the notice can be immediate.

4. Court Action and Possession Orders

If your tenant does not leave after the notice period expires, you will need to apply to the court for a possession order. This step is necessary to legally remove a tenant if they refuse to vacate.

• Accelerated possession (for Section 21): If you served a valid Section 21 notice, you can apply for an accelerated possession order, which usually doesn't require a court hearing.
• Standard possession (for Section 8): If you're using a Section 8 notice, the process may take longer as the court will assess whether the tenant has violated the tenancy terms.

If the tenant still refuses to leave after a possession order is granted, you may need to apply for a warrant for eviction, allowing bailiffs to remove the tenant.

5. Legal Compliance

It’s important to ensure that you follow all the legal procedures for eviction. Failure to do so can result in delays, additional costs, and the potential for the eviction notice to be deemed invalid. For example:

• If you’ve taken a deposit, it must be protected in a government-approved scheme, and you must provide the tenant with prescribed information about the scheme. Failure to do so can invalidate a Section 21 notice.
• If the property is a House in Multiple Occupation (HMO), make sure you have the appropriate license, or your eviction could be invalidated.

6. Covid-19 Adjustments

During the pandemic, eviction rules were adjusted, including extended notice periods and restrictions on evictions. These rules have since reverted, but it’s important to check for any temporary changes or local restrictions that may still apply.

How Fraser Bond Can Assist

Evicting a tenant can be a complex and time-consuming process. At Fraser Bond, our experienced property management team can guide you through every step, from serving the correct notice to representing you in court if needed. We ensure that you comply with all legal requirements and minimise potential disputes with your tenants.

Contact Fraser Bond today for professional advice on evictions and tenant management in the UK.