As a landlord or managing agent, eviction may be necessary for a variety of reasons. However, it’s not as straightforward as changing the locks and throwing a tenant’s possessions onto the street. There are legal procedures to follow to protect both landlord and tenant interests. In this guide, we’ll walk you through the steps involved in the eviction process, along with time scales, to ensure everything is done legally.
Eviction process
Section 8 Eviction Process:
1. Serve Notice: The landlord serves a Section 8 notice, outlining the grounds for eviction. The notice period varies depending on the grounds cited.
2. Court Application: If the tenant doesn’t comply or vacate, the landlord applies to the court for a possession order, accompanied by supporting documents.
3. Court Hearing: A court hearing is arranged, allowing both parties to present their cases. The court decides whether to grant a possession order based on the grounds. The hearing might occur at least 2 months after submitting court documents.
4. Possession Order: If approved, the possession order specifies the tenant’s required move-out date.
5. Warrant for Possession: If the tenant still doesn’t leave, the landlord can request a warrant for possession. Bailiffs could be instructed for eviction, which may take a minimum of 6-8 weeks. The bailiff will then serve the tenant with a notice and set a date to return to the property to carry out the eviction. If the tenant still refuses to leave, then they will remove the tenant from the property with the help of the police, if necessary.
Section 21 Eviction Process:
1. Serve Notice: The landlord serves a Section 21 notice, giving a minimum 2 months’ notice. The notice can be provided at any point during the tenancy but not during the fixed term period.
2. Validity Check: The notice must adhere to legal requirements, including deposit protection and regulations.
3. Court Application: If the tenant remains, the landlord applies for a possession order.
4. Court Hearing: Similar to Section 8, a court hearing is held. Sometimes the judge decides without the parties present. The court determines whether to grant a possession order. Obtaining a court date may take a minimum of 2-3 months after all documents are submitted.
5. Possession Order: If granted, the court specifies the move-out date.
6. Warrant for Possession: If the tenant stays, the landlord can seek a warrant for possession. Bailiffs may be instructed for eviction, a process that could take a minimum of 6-8 weeks to schedule. The bailiff will then serve the tenant with a notice and set a date to return to the property to carry out the eviction. If the tenant still refuses to leave, then they will remove the tenant from the property with the help of the police, if necessary.
Evicting a tenant is never easy, but it’s essential to follow the legal process to avoid any legal repercussions. As a landlord you need to know and follow the steps in the eviction process to ensure that everything is done legally and by the book.
Remember, always keep detailed records of all the notices, correspondence, and payments relevant to the eviction process. This helps you to build a solid case should you need it at any point during the process.
If you are need to help to evict a tenant we offer this service to landlords even if we don’t already manage your property.