Practical Tips & Eviction Essentials For Private Residential Landlords

Are you considering eviction because you have a difficult tenant, or you want to sell your rental property?

We have set out some practical tips for you to consider before starting the eviction process in respect of Assured Shorthold Tenancies:

Tip 1 – Consider Alternatives to Eviction

If arrears are a concern, try to resolve issues with your tenant and explore potential payment plans.

Before escalating to legal action, explore mediation as a cost-effective way to resolve a dispute with your tenant. Many councils and housing associations offer free or low-cost mediation services that can help.

Compared to formal eviction processes, this may save time and money and can potentially preserve the landlord-tenant relationship.

Tip 2 – Keep a Record

Keep clear records and document all communications with your tenant, including all requests for payment, any notices that you have served, payment records, and correspondence regarding any breaches of the tenancy agreement. This can support your case if the matter proceeds to Court.

Tip 3 – Pick Your Route: Understanding the Grounds for Eviction

Possession is obtained either on the basis of “no fault”, which is started by serving a section 21 notice, or on the basis of a breach of the tenancy agreement, which is started by serving a section 8 notice. Familiarise yourself with the legal grounds for eviction and check this against your current circumstances as this will help you determine which route you can use.

To serve a section 21 notice*, you must meet specific criteria and certain documents must already be in place and have been given to your tenant (e.g. gas safety records, Energy Performance Certificate (EPC), deposit protection and How to Rent Guides).

To serve a section 8 notice you must meet one or more of the specific grounds (e.g. rent arrears, property damage or antisocial behaviour).

*There is a current proposal under the Renters’ Rights Bill to abolish no fault evictions.

Tip 4 – Ensure Compliance with Pre-Eviction Requirements

Before serving a notice, check you have complied with your obligations and if any action is required.

If you intend to rely on a section 21 notice, you have to meet certain requirements otherwise the notice will be invalidated, including protecting any deposit you have received in an approved scheme and providing the relevant prescribed information, valid EPCs, and annual gas certificates.

Attempting to evict a tenant after they report disrepair can be problematic. This could be considered a retaliatory eviction, which is prohibited. If you are unsure whether this may apply to you, seek legal advice.

Tip 5 – Follow Proper Notice Procedures

Ensure the correct notice is given and that you use the latest form. As the notice is crucial, if you are unsure, always seek legal advice.

Tip 6 – Issue Court Proceedings

If your tenant does not vacate the property at the end of the notice period, you must apply to the county court for an order for possession. Different processes apply depending on the notice that you have served.

Have all the necessary documentation ready including the tenancy agreement, evidence of arrears or breach of tenancy terms and proof of compliance with your obligations (e.g. deposit protection, safety certificates).

Tip 7 – Be Mindful of your Tenant’s Rights

You must follow the correct legal process. Harassment or illegal eviction (e.g. changing locks and forcibly removing the tenant yourself), can result in legal action against you.

Your tenant may defend any claim for possession. Be prepared to consider any defence that your tenant may raise.

Tip 8 – Plan for Potential Delays

Eviction processes can take several months, especially if the tenant defends the claim or enforcement action is required. Account for these delays when considering eviction.

Tip 9 - Remain Conscious of Legislative Changes

Stay updated on legal reforms, such as the Renters’ Rights Bill which covers the abolition of section 21 and changes notice periods. Compliance with new rules will help avoid costly delays and legal challenges.

Tip 10 – Seek Legal Advice Early

To help you navigate complex eviction rules or situations, take legal advice, especially in light of impending changes and housing reforms.

How can CWJ Help?

At CWJ, we have expertise in acting for landlords who are faced with a range of issues, including regaining possession of their property. If you need advice in relation to the eviction process, we can help.

We will work with you to review your position and determine the best option available to you for possession.

For further information call Ife Kehinde-Taiwo on 01689 887803 or by email ife.kehinde-taiwo@cwj.co.uk