Evicting a tenant can be one of the most challenging aspects of being a landlord or a property manager. In an ideal situation, tenants would leave a property promptly after receiving an eviction notice, but the reality is that this doesn't always happen.
It’s important to remember that the eviction process for UK landlords is a legal procedure with strict rules that must be followed. We'll be covering the essential legal steps and the correct way to handle tenants ignoring eviction notices. By the end of this guide, you’ll understand:
The legal process to follow after a Section 21 eviction notice
The rights landlords have
How to obtain a possession order
The full eviction process for landlords in the UK
Types of Eviction Notices
When a tenant refuses to leave after receiving an eviction notice, landlords must follow the appropriate legal steps to regain possession of their property. The first thing to understand is that the type of eviction notice you can serve depends on the circumstances.
Section 21 Notice (No-Fault Eviction)
A Section 21 notice is often referred to as a no-fault eviction. It allows landlords to regain possession of their property at the end of a fixed-term tenancy without providing any specific reason. However, landlords must give tenants at least two months' notice before they can regain their property using this type of eviction. Even after the notice period ends, tenants are not obligated to leave immediately.
Section 8 Notice (Breach of Tenancy Agreement)
A Section 8 notice is used when a tenant breaches the tenancy terms, such as failing to pay rent or causing property damage. For this type of notice, the notice period the tenant gets varies depending on the severity of the breach. If the tenant ignores the eviction notice and does not vacate after the specified time, the landlord must pursue a court order to enforce the eviction.
However, unlike the Section 21 notice, Section 8 requires landlords to provide valid legal grounds for eviction. This means that the landlord must be able to prove their reasons for wanting to issue a Section 8 notice in court.
What to Do If a Tenant Refuses to Leave
When a tenant refuses to leave after an eviction notice, there are some legal procedures landlords can follow to regain control of the property. Here are two essential steps to consider.
Apply for a Possession Order: If a tenant refuses to leave after the notice period ends, the next move is to apply for a possession order through the courts. As the landlord, you can file a Standard Possession Order if the situation at hand is a typical eviction process. But if you’re not seeking any unpaid rent, you can use the Accelerated Possession Order. In either case, the court will send the tenant a copy of the possession order. The possession order will carry a set period (usually 14 days) for them to vacate the property.
Enforce the Possession Order with a Bailiff: If the tenant continues to refuse to leave after the court issues a possession order, landlords can request a warrant of possession involving court-appointed bailiffs. This process allows bailiffs to visit the property and physically remove the tenant if necessary. To get a bailiff, landlords must first complete a risk assessment form. After completing the risk assessment form, the court appoints a bailiff for their case.
Common Challenges in Evicting Tenants
There are several common challenges that may arise during the eviction process.
Delays in Court Proceedings: The eviction process in the UK can be slow, especially if there are backlogs or if the landlord has made any procedural errors in issuing the eviction notice. For example, failing to serve the notice correctly or not providing the required documents can lead to significant delays. To avoid this, landlords must ensure that every step of the process is completed while properly complying with the law.
Tenant Defences: One common defence tenants tend to raise is the claims of property disrepair, where tenants argue that the landlord has failed to maintain the property adequately. Another defence is that they claim the eviction process or the eviction notice was served improperly.
Our Best Practices for Landlords
To successfully manage eviction processes, landlords must adopt some good practices that can help them avoid unnecessary complications.
Follow the Legal Process Carefully
The most important practice landlords need to adopt is to follow the legal process carefully when handling evictions. It doesn’t matter if the eviction notice they intend to issue is the Section 21 notice or Section 8 notice. They must ensure that they issue the notice correctly. They also need to ensure to give the required notice period. If, after the eviction notice, the tenant still refuses to leave, landlords should ensure to file for a possession order through the court. They must do it through the court. Failure to follow these legal procedures can result in delays, additional costs, or even the dismissal of the case.
Communicate with the Tenant
If a tenant refuses to leave after receiving an eviction notice, landlords should think twice before resorting to legal action immediately. The first step should always be resolving the issue directly with the tenant. Most times, misunderstandings or minor disputes can be resolved through discussion or mediation. If a tenant ignores the eviction notice, landlords can engage them in conversations. These conversations may lead to an informal agreement, such as a payment plan for rent arrears. Overall, this approach may prevent the need for an eviction entirely, saving both parties time and legal fees/implications.
FAQs
What happens if my tenant ignores the eviction notice?
If your tenant ignores the eviction notice, you must apply for a possession order through the courts to legally evict them.
How long does it take to evict a tenant through the courts?
The eviction process can take several weeks to several months. It largely depends on court schedules and whether the tenant contests the eviction.
Can I force my tenant to leave if they refuse to go?
No, you cannot forcibly remove a tenant. You must obtain a possession order and, if necessary, involve bailiffs to enforce the eviction.
How do I apply for a possession order?
You can apply for a possession order by completing the necessary forms and submitting them to the court. You must also include evidence of the eviction notice you served and evidence that the tenant is still living in the house.
What are my rights if the tenant refuses to leave after receiving a possession order?
If a tenant refuses to leave after receiving a possession order, you can apply for a warrant of possession. This will help you get bailiffs who can evict them legally.
Conclusion
Evicting a tenant is typically the last resort for any landlord, but sometimes, it becomes necessary when a tenant refuses to leave after an eviction notice. When it gets to this point, landlords must follow the correct legal process when serving eviction notices and applying for possession orders. Failure to do so can lead to delays and complications.
We encourage landlords to seek legal advice tailored to their specific situations. Consulting with Lawhive’s landlord-tenant solicitors and law experts can provide personalised guidance on evicting a tenant after issuing an eviction notice.
References:
Section 8 from Gov.uk