What grounds can I use to evict a tenant?

Posted on April 1, 2024 by Kerry

Knowing the legal grounds to evict a tenant is essential for any UK landlord

Being a landlord in the United Kingdom comes with its own set of responsibilities and challenges.

While many landlords aim to maintain positive and respectful relationships with their tenants, there may be situations where eviction becomes a necessary course of action. However, landlords must be well-versed in the legal grounds for eviction to ensure a fair and lawful process.

These are the various grounds on which a landlord can seek to evict a tenant in the UK:

1. Understanding Assured Shorthold Tenancies (ASTs)

The majority of private residential tenancies in the UK fall under the category of Assured Shorthold Tenancies (ASTs). ASTs are the default arrangement for most tenancies that began after February 28, 1997. Landlords who wish to evict a tenant must follow the legal procedures outlined in the Housing Act 1988 and the Deregulation Act 2015.

2. Grounds for eviction under Section 8

Section 8 of the Housing Act 1988 provides landlords with a set of specific grounds on which they can seek possession of a property. These grounds can be categorised into mandatory and discretionary, each requiring a different approach and level of evidence.

Mandatory grounds
Rent arrears

One of the most common reasons for eviction is non-payment of rent. If a tenant falls into arrears, a landlord can issue a Section 8 notice, giving the tenant 14 days to pay the outstanding amount. If the rent remains unpaid, the landlord can proceed to court for possession.

How to prove this: A landlord can provide bank statements and a detailed rent payment history to demonstrate that the tenant has consistently failed to pay rent on time. This evidence should clearly show the amount owed and the dates on which the payments were due and missed.

Breach of tenancy agreement

If a tenant breaches the terms of the tenancy agreement, such as causing damage to the property, engaging in illegal activities, or subletting without permission, the landlord may have grounds for eviction. Providing evidence of the breach is crucial in such cases.

How to prove this: If a tenant is in violation of the no-pets clause in the tenancy agreement, the landlord can gather evidence such as photographs, witness statements, or communication records indicating that the tenant has breached the agreed-upon terms.

iii. Persistent late payment

While not as severe as outright non-payment, consistent late payment of rent can be grounds for eviction. A landlord can use this as a discretionary ground if the rent is persistently paid late, affecting the landlord’s ability to manage their finances.

How to prove this: The landlord can maintain a record of late payments over an extended period, including copies of any written communication addressing the issue and highlighting the impact on the landlord’s financial planning.

Discretionary grounds
Antisocial behaviour

Landlords can seek possession if the tenant is involved in antisocial behaviour that impacts the local community. This may include noise disturbances, harassment of neighbours, or criminal activities.

How to prove this: If the tenant is causing a disturbance in the neighbourhood, the landlord can collect witness statements from affected neighbours, noise complaint records from local authorities, or any police reports related to the tenant’s behaviour.

Nuisance

If the tenant’s actions or behaviour cause a nuisance to others, the landlord may be able to seek possession. Nuisance can range from excessive noise to activities that interfere with the peaceful enjoyment of the property by neighbours.

How to prove this: A tenant engaging in activities that disrupt the peace of the property or neighbouring units can be documented through photographic or video evidence, witness statements, or correspondence from other residents detailing the disturbances.

Property damage

Serious damage to the property, whether intentional or through neglect, can be grounds for eviction. Landlords must provide evidence of the damage and the tenant’s responsibility for it.

How to prove this: Photographs, repair invoices, and written documentation of the damage caused by the tenant can serve as evidence. It’s crucial to establish a clear link between the tenant’s actions and the resulting harm to the property.

3. The role of Section 21 notices

Section 21 of the Housing Act 1988 provides landlords with a no-fault eviction process, commonly known as a “no-fault” or “no-reason” eviction. Landlords can issue a Section 21 notice to regain possession of the property without having to prove any wrongdoing on the part of the tenant.

However, there are important considerations and requirements for serving a valid Section 21 notice, including:

Providing the tenant with at least two months’ notice
Ensuring that the tenant’s deposit is protected in a government-approved scheme
Complying with all legal obligations, such as gas safety and energy performance certificates.

4. The impact of the Deregulation Act 2015

The Deregulation Act 2015 introduced significant changes to the eviction process for ASTs. Landlords need to be aware of the following key provisions:

Retaliatory evictions

The Act introduced measures to prevent retaliatory evictions, where a landlord seeks to evict a tenant in response to the tenant raising legitimate concerns about the property’s condition. Landlords must address and rectify reported issues promptly.

Example: If a tenant reports issues with the property’s condition, such as damp or disrepair, and the landlord responds with an eviction notice, this could be considered retaliatory. Landlords should maintain a clear timeline of communication and actions taken in response to tenant complaints.

Prescribed information

To serve a valid Section 21 notice, landlords must have provided tenants with prescribed information, including the government’s “How to Rent” guide and details about the protection of the deposit.

Example: Landlords must provide tenants with the prescribed information, including the government’s “How to Rent” guide and details about the protection of the deposit. Keeping records of when and how this information was provided can be crucial in case of a dispute.

5. Seeking professional advice

Navigating the complexities of eviction requires a thorough understanding of the legal framework. Landlords are encouraged to seek professional advice from solicitors or property management experts who specialise in landlord-tenant law. A well-informed approach can help landlords avoid legal pitfalls and ensure a smoother eviction process.

Conclusion

Evicting a tenant is a serious and often challenging process for landlords. It’s essential to approach such situations with careful consideration of the legal grounds and procedures involved.

Understanding the grounds for eviction, whether under Section 8 or Section 21, is crucial for landlords seeking possession of their property.

By staying informed and seeking professional advice when necessary, landlords can navigate the eviction process responsibly and in compliance with the law, fostering a fair and transparent relationship with their tenants.

Tenant abandonment: What to do if your tenant has moved out without notice

Posted on January 1, 2024 by Kerry

The possibility of tenant abandonment is a concern for any landlord.

Being a landlord in the United Kingdom comes with its own set of challenges and responsibilities. One such challenge is dealing with tenants who may decide to move out without giving proper notice, leaving landlords in a precarious situation.

This blog post explores the legal steps a UK landlord can take if they suspect their tenant has abandoned the property without notice.

Understanding tenant abandonment

Tenant abandonment occurs when a tenant vacates a property without giving notice or meeting the terms of the tenancy agreement. This can leave landlords in a difficult position, unsure of their rights and responsibilities in such a scenario. It’s essential for landlords to distinguish between abandonment and a temporary absence to take appropriate legal action.

1. Review the tenancy agreement

The first step for landlords is to carefully review the tenancy agreement. The agreement typically outlines the responsibilities of both parties and provides insights into the actions that can be taken in case of tenant abandonment. Some agreements may include specific clauses related to notice periods and abandonment, giving landlords a legal basis for their actions.

2. Documenting suspected abandonment

Landlords should document any signs of abandonment to strengthen their case in the event legal action becomes necessary. This may include documenting the condition of the property, the absence of the tenant’s belongings, and any communication (or lack thereof) with the tenant. Clear documentation can be crucial in providing evidence if the case goes to court.

3. Verify tenant’s intent

Before taking legal action, landlords should make efforts to verify the tenant’s intent to abandon the property. This may involve attempting to contact the tenant through various means, such as phone calls, emails, or even physical visits to the property. It’s important to keep a record of these attempts, as they can be used as evidence later.

4. Issuing a Notice to Quit

If the landlord has reasonable grounds to believe the tenant has abandoned the property, they can consider issuing a Notice to Quit. This is a formal legal document that informs the tenant of the landlord’s intention to terminate the tenancy due to abandonment. The notice should include a reasonable time frame for the tenant to respond or return to the property.

5. Entry to the property

Landlords must be cautious about entering the property without proper authorisation, as this can lead to legal complications. In the case of suspected abandonment, landlords should follow the guidelines set out in the tenancy agreement and relevant landlord-tenant laws regarding entry. Proper notice should be given unless there is an emergency that requires immediate access.

6. Storage of tenant’s belongings

If the tenant has left belongings behind, landlords must follow legal procedures for handling them. In most cases, the landlord is required to store the tenant’s possessions in a safe and secure location for a reasonable period. The tenancy agreement or local laws may provide guidance on the specific duration and steps to take regarding abandoned items.

7. Termination of the tenancy

If the tenant fails to respond to the Notice to Quit and does not return to the property within the specified time frame, the landlord may proceed with terminating the tenancy. This often involves filing the necessary legal paperwork with the appropriate authorities, such as the local housing authority or the courts, depending on the jurisdiction.

8. Possession order

To legally regain possession of the property, landlords may need to obtain a possession order from the court. This involves applying to the court, outlining the reasons for seeking possession and providing evidence of the tenant’s abandonment. The court will review the case and, if satisfied, issue a possession order.

9. Applying for an abandonment order

In some cases, landlords may choose to apply for an abandonment order instead of a possession order. An abandonment order is a legal declaration that the tenant has abandoned the property, giving the landlord the right to regain possession without waiting for the standard notice period. The process for obtaining an abandonment order may vary depending on the jurisdiction.

10. Debt recovery

Once possession of the property is regained, landlords may assess any outstanding rent or damages owed by the tenant. Landlords can pursue legal avenues to recover these debts, including taking the tenant to small claims court. The court may order the tenant to pay the outstanding amount, and landlords can use this order to enforce debt recovery.

Conclusion

Dealing with a tenant who has moved out without notice can be a complex and challenging process for landlords. Understanding the legal steps involved is crucial to protecting their rights and interests.

From issuing a Notice to Quit to obtaining a possession or abandonment order, landlords must navigate the legal landscape with care and adherence to the relevant laws and regulations.

By following the proper procedures and documentation, landlords can increase their chances of a successful resolution and minimise potential legal complications.

A guide to evicting a tenant in the UK: A landlord’s perspective

Posted on December 20, 2023 by Kerry

Evicting a tenant is a complex and sensitive process that requires landlords to navigate through a web of legal requirements and considerations.

In the UK, the eviction process is governed by a set of rules and regulations designed to protect the rights of both landlords and tenants.

Understanding the tenancy agreement

It’s crucial to understand the tenancy agreement that governs the relationship between the landlord and the tenant. The tenancy agreement outlines the terms and conditions of the rental arrangement. It includes the duration of the tenancy, rent amount, and any specific rules or obligations.

Most tenancies in the UK fall into two categories: assured shorthold tenancies (ASTs) and assured tenancies. ASTs are the most common type and provide landlords with a simplified process for eviction. However, it’s important to note that not all tenancies are ASTs, and some properties may fall under different rules.

Grounds for eviction

Landlords in the UK can only evict tenants on specific grounds defined by law. The grounds for eviction can be broadly categorised into two types: mandatory and discretionary.

Mandatory grounds:

Non-payment of rent: If a tenant fails to pay rent, it constitutes a clear ground for eviction. Landlords must follow specific procedures, including serving a notice and obtaining a possession order.
Breach of tenancy agreement: If the tenant violates the terms of the tenancy agreement, such as causing damage to the property or engaging in illegal activities, the landlord may have grounds for eviction.
End of fixed-term tenancy: When an AST reaches the end of its fixed term, landlords can regain possession of the property without providing a specific reason. However, proper notice must be given.
Mortgage repossession: If the property is subject to a mortgage and the mortgage lender seeks possession, the landlord may need to evict the tenant.

Discretionary grounds:

Persistent late payment: While non-payment of rent is a mandatory ground, persistent late payment can be discretionary. Landlords may need to provide evidence of repeated late payments.
Nuisance or antisocial behaviour: If the tenant engages in behaviour that causes a nuisance or disrupts the peace, the landlord may have grounds for eviction.
Subletting without permission: If the tenant sublets the property without the landlord’s consent, it can be grounds for eviction.
Sale of the property: If the landlord intends to sell the property with vacant possession, they may have grounds for eviction. However, specific procedures must be followed.

Notifying the tenant

Before initiating the formal eviction process, landlords must provide the tenant with notice. The type of notice required depends on the grounds for eviction.

Section 8 notice: This notice is used when evicting a tenant on discretionary grounds. It specifies the grounds for eviction and gives the tenant a set period to rectify the issue or vacate the property.
Section 21 notice: For mandatory grounds, such as the end of a fixed-term tenancy, landlords can use a Section 21 notice. This notice requires the tenant to vacate the property after a specified period, typically two months.

It’s crucial to ensure that the notice is correctly drafted, including all necessary information and complying with legal requirements. Failure to provide proper notice can lead to delays in the eviction process.

Applying for a possession order

If the tenant fails to comply with the eviction notice, the next step is applying for a possession order from the court. The type of possession order required depends on the circumstances.

Standard possession order: This is the most common type of possession order and is used for mandatory grounds, such as the end of a fixed-term tenancy.
Accelerated possession order: This expedited process is available for landlords seeking possession on the basis of a Section 21 notice. It does not involve a court hearing but is subject to certain conditions, such as proper notice and documentation.
Possession order with money judgement: In cases where the landlord is also seeking unpaid rent, a possession order with a money judgement may be necessary.

Attending a court hearing

For possession orders involving discretionary grounds, the landlord may need to attend a court hearing. During the hearing, both parties will have the opportunity to present their case, and the judge will determine whether to grant the possession order.

It’s essential for landlords to prepare thoroughly for the hearing, bringing all relevant documents and evidence to support their case. This may include the tenancy agreement, rent payment records, and any correspondence with the tenant.

Executing the possession order

Once the possession order is granted, the landlord can take steps to regain possession of the property. If the tenant refuses to leave voluntarily, the landlord may need to involve court bailiffs to enforce the order.

It’s important to note that landlords cannot take matters into their own hands by forcibly removing the tenant or changing the locks. Doing so can lead to legal consequences and potential counterclaims from the tenant.

Alternative dispute resolution (ADR)

In some cases, landlords and tenants may opt for alternative dispute resolution methods, such as mediation, to resolve issues without going through the formal eviction process. Mediation can be a cost-effective and faster way to address disputes, allowing both parties to reach a mutually agreeable solution.

It’s worth considering ADR before pursuing court proceedings, as it may help preserve the landlord-tenant relationship and avoid the time and expense associated with legal action.

Conclusion

Evicting a tenant in the UK is a complex process that requires careful adherence to legal procedures. From understanding the grounds for eviction to serving proper notices and obtaining possession orders, landlords must navigate the legal landscape with precision and diligence.

While the eviction process can be challenging, it’s crucial for landlords to prioritise communication, document all interactions with the tenant, and seek legal advice when needed. By following the correct procedures and respecting the rights of both parties, landlords can navigate the eviction process successfully and protect their investment.