How can I evict my tenant?

This article applies to properties let under Assured Shorthold Tenancies (AST) in England only.

Can I go into my property, change the locks and forcibly remove my tenants?

No. If you do this, your tenant will have grounds to sue you for unlawful eviction which could result in you paying thousands of pounds to the tenant and then having to let the tenant back into the property. You MUST serve a notice and follow the court procedure BEFORE evicting a tenant. You could also be committing a criminal offence.

Do I have to serve a notice?

There are two main ways of obtaining possession of your property; by serving a section 8 or section 21 notice

Section 8 Notice

A section 8 notice can be served during the fixed term of the tenancy. You can serve a section 8 notice on tenants who have broken the terms of your tenancy e.g. failure to pay rent.

Section 21 Notice

If you want possession of your property back on a ‘no-fault’ basis you will need to serve a section 21. You do not need reasons for wanting the property back. A section 21 notice can only be validly served if the following are in place:

• The first 4 months of the tenancy have elapsed
• The deposit regulation requirements have been complied with (if you have taken a deposit)
• The Deregulation Act has been complied with 
• No Improvement Notice has been served; and  
• No prohibited payments have been made by the tenant  

You can only proceed to court after the fixed term of the tenancy agreement has expired.

This is an increasingly technical and complex area of law and we always recommend that legal advice be sought.

How do I give the notice to evict my tenant?

You will need to ensure that the notice is in writing and in the prescribed form (where relevant).

You will need to check your tenancy agreement and the law in relation permitted methods of delivering the notice to the tenant e.g. by hand, post etc.

It is important to remember that when serving notices, you should keep a note of the date and time as you will need to complete a Certificate of Service (N215) when court proceedings are commenced.

How much notice do I need to give to evict my tenant?

Section 8

This depends on which ground(s) for eviction you rely upon. It can vary from immediately to two months.

Section 21

A section 21 notice requires that you give your tenants at least two months’ notice to vacate the property (correct at time of writing). Please note that longer notice may need to be given.

COVID-19 increased notice periods for both section 8 and section 21 notices, however, the notice periods have now reduced to their pre-COVID stages (correct at time of writing).

Have you already served a notice on your tenant and they have refused to leave?

If this is the case, then you will need to commence court proceedings and ask the court for a possession order.

What happens if your tenant refuses to move even after you have obtained a court order?

You will need to apply for a County Court Bailiff or High Court Sheriff. If you evict a tenant without following the correct procedure, you could face a claim for unlawful eviction.

For more information or to book an appointment, please contact Miss Christina Chappell or Mr Hassan Shah on 01604 638905, or email info@sp-law.co.uk, or fill in our Enquiry Form and a member of our team will be in touch.