It’s not an easy process to evict a tenant; specific procedures must be followed to make it legal. The government is about to make the process even more difficult with their intention to abolish section 21 rules.
Read on if you are wondering what the process is for evicting tenants from secured shorthold tenancies – legally and without much fuss – in Brighton and Hove.
Suppose your tenant has breached the assured shorthold tenancy agreement in some way, such as causing distress to neighbours through anti-social behaviour or missing at least two months of rent payments. In that case, you are within your rights to issue a Section 8 notice for eviction. However, before you initiate this process, you should try to reach an agreement with the tenant. Courts will expect to see some evidence that you have attempted to talk to your tenant and find a solution.
There are two types of eviction processes, and it is possible to serve both simultaneously. The two types of eviction process are:
If you want your property back, you can serve a Section 21 notice to gain possession. You can serve this notice once the initial fixed term of the shorthold tenancy agreement is over. You do not have to provide a reason for reclaiming possession.
A section 8 notice is used when the tenant breaches their tenancy agreement obligations. In the majority of cases, this process is used for rent arrears. Before you take the case to court, you are expected to try to come to a payment arrangement with the tenant so that they have the opportunity to resolve the issue and repay the rent. Possible outcomes include arranging a payment plan until they get on their feet again or suggesting they apply for Universal Credit to make up the shortfall. If there is a guarantor, you should contact them and explain the situation.
You must follow the correct procedure for evicting a tenant. In both instances, when using either a Section 8 or Section 21 eviction notice you should always keep records of your correspondence (preferably email) in case this is needed as evidence in court at a later date.
A section 21 notice can be served if the tenancy agreement’s fixed term has ended, or there is a break clause. This type of notice informs the tenant that you intend to take back possession of the property. Tenants must be given at least two months’ notice using the appropriate form.
A section 8 notice can be served at any point during assured shorthold tenancies if the tenant has broken the terms of the tenancy agreement. One of the most common scenarios is where there are rent arrears.
Other grounds for serving a section 8 notice include if the tenant has moved another person into the property or has distressed their neighbours through anti-social behaviour. The valid grounds for serving a section 8 notice are listed in schedule 2 of the Housing Act 1988.
To serve a notice 8 legally, you must complete a “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy”, including the reason for eviction.
In the event that your tenants refuse to leave the property after the specified notice period, you can apply to the court for an order for possession. There are two different types of possession orders:
To claim back unpaid rent, you must apply for a standard possession order, which involves completing the online form and paying £355. There will then be a court hearing to determine the outcome, and it will be vital that you can provide evidence that you have followed the correct eviction procedure.
If you want matters to move quickly and are owed more than £600 (including court expenses), you can ask for your case to be transferred from the County Court to the High Court. In such cases, a High Court enforcement officer, rather than a bailiff, will remove the tenants.
If you are not claiming any unpaid rent, you can apply for the accelerated possession order by completing form N5B at the cost of £275. This option is faster and won’t usually go through the county courts. A copy of the application is sent to the tenant, giving them 14 days to object.
If the tenants have not left the property by the expiration of the order for possession, the next step is to apply for a warrant for possession.
If you need to apply for a warrant for possession, this costs a further £135, but it means that a bailiff can now evict your tenants.
You may consider taking several actions when your tenants refuse to move out, but you must be very careful not to disregard your landlord responsibilities. For example, you cannot:
Evicting tenants is a stressful and costly process you hope you will never have to face as a landlord. Completing thorough checks of prospective tenants will help avoid this problem, but taking out insurance to protect your finances is also a good idea.
At The Property Shop, we offer Rental Guarantee Insurance to cover rental income and legal expenses for any disputes. To find out more about our Rental Guarantee Insurance – contact us today.
Do you have any questions about the topic above? Our team of experts is here to help in answering any query you may have.
Fueled by his desire to be the best, most reputable estate and lettings agent in town, Steve has spent his career cultivating The Property Shop. Steve prides himself on his authenticity, honesty, and knowledge-base which is emulated by The Property Shop and his team.
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