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Tenant Eviction

Tenant Eviction Help & Advice

Evicting a tenant is never a pleasant process. But sometimes it’s unavoidable for a number of reasons. If you’re a landlord looking for tenant eviction services in the UK, our landlord and tenant solicitors are on hand to help provide clarity on the eviction process and laws about tenant eviction to help you quickly remove tenants from your property with the least amount of stress. 

In this guide, we’ll cover: 

• Tenant evictions and the law; 

• How to evict a tenant; 

• Evicting a tenant without a solicitor;

• How long it takes to evict a tenant;

• The costs involved in evicting tenants.

Tenant eviction and the law

When it comes to tenant eviction, there are certain laws and procedures landlords must follow. Tenant eviction laws depend on the type of tenancy agreement you have and the terms within it. These rules are governed by the Landlord and Tenant Act 1985.  

If you don’t follow tenant eviction laws, there’s a very real chance you could be in hot water for unlawful eviction or harassing your tenants.

And trust us, you definitely don’t want that hassle!

Therefore, it’s important to know your tenancy agreement inside out and follow the right steps when it comes to tenant eviction. If you're unsure, we’re on hand to help you get to grips with the law, and if you need further practical support, our tenant eviction solicitors and lawyers can provide fixed fee tenant eviction services at affordable prices. 

Tenant eviction procedures

Tenant eviction procedures differ according to the type of tenancy agreement and the terms within it. 

Tenant eviction for assured shorthold tenancies 

There are different routes for evicting tenants in Assured Shorthold Tenancies depending on if the agreement is periodic (i.e. rolls on a week by week or monthly by month basis with no fixed end date) or fixed (i.e the tenancy ends on a certain date). 

1. Give your tenants notice

   1. If you want tenants to leave after the fixed term AST ends, you use a Section 21 Notice. 

   2. If you want to evict tenants before the fixed term ends because they’ve broken the rules of the tenancy agreement, you use a Section 8 Notice. 

2. Apply for a possession order

   1. If tenants do not leave by the date you give them on the notice and they owe you rent, then you apply to the court for a standard possession order.

   2. If tenants do not owe any unpaid rent, or you’re not claiming any, you can apply to the court for an accelerated possession order. 

3. Apply for a warrant of possession.

   1. This is only needed if tenants still haven’t left by the date on the possession order. 

Tenant eviction for excluded tenancies or licences 

If your tenants have an excluded tenancy or licence (e.g. they live you you in your home), you don’t need to court to get a tenant eviction. 

All you have to do is give them reasonable notice to quit (this doesn’t have to be in writing). Reasonable in this instance usually matches the length of the rental payment period. 

Example: Rod wants to evict his lodger, Kerry. Kerry pays rent on a weekly basis, therefore a reasonable notice to quit is one week.

If a tenant doesn’t leave by the stated date, you’re perfectly within to reclaim your property by changing the locks on their room, whether their belongings are still there or not. 

Tenant eviction for assured and regulated tenancies 

This one’s a bit more niche but worth covering. If your tenants began their tenancy before 27th February 1997 there’s a chance they have an assured or regulated tenancy. In these cases, tenants have more substantial protection against eviction and the eviction process is more complex. 

If this is the case, consider seeking legal advice when it comes to tenant eviction to avoid falling foul of specific rules related to tenant eviction for assured and regulated tenancies. 

Can you evict a tenant without a solicitor? 

Landlords can evict a tenant without a solicitor by dealing directly with the court if they feel confident doing so. 

However, it’s really important to understand all the different rules and processes involved in legally evicting a tenant, especially if you’ve never had to do it before. 

If you don’t feel confident in doing this, we strongly recommend engaging with an experienced tenant eviction solicitor or lawyer at an early stage. Even if it’s just for an initial review or help with drafting the correct notices. Our landlord and tenant solicitors deal with these types of claims everyday, and can provide you with clear advice on the best course of action specific to your circumstances. 

How long does tenant eviction take?

How long a tenant eviction takes depends on the type of eviction notice you serve to tenants and, in some cases, the terms of the tenancy agreement. 

For example, for a Section 21 notice you must give tenants at least 2 months’ notice to leave, but this may be longer for periodic tenancies where the amount of notice should be the same as the rental period. 

On the flip side, for a Section 8 notice you can give between 2 weeks’ and 2 months’ notice depending on the terms of the tenancy the tenants have broken. 

It also depends on whether or not you have to apply to the court for a possession order and a warrant for possession. If tenants cooperate, an eviction can be quite quick. However, if they refuse to leave and you have to go through the courts, timescales can depend on how busy the courts are at a certain time and whether the matter professes through to the point where warrants and bailiffs are involved.

How much does tenant eviction cost? 

Tenant eviction costs can vary depending on the process and what kind of help you need. 

On average, the cost of a landlord and tenant solicitor is expected to range from £249-£299, but in some cases it could cost as much as £349. 

There are also court costs to take into account, which you can see in the table below:

Court and tribunal fees often change, so be sure to check the Government website for the most up to date costs involved in applying to the court.

Who is responsible for court costs for tenant eviction?

As a general rule, landlords are responsible for covering the court costs and legal fees for tenant eviction. But, in some cases, a judge might decide a tenant has to pay some, or even all of, the landlord's costs. This might happen if it’s written in the tenancy agreement or the judge believes a tenant has behaved unreasonably and added to the cost of the eviction. 

Fixed fee tenant eviction services through Lawhive

At Lawhive, our landlord and tenant solicitors can help you evict a tenant quickly and affordably. We offer fixed fee tenant eviction services to landlords across the UK, from helping landlords understand whether they need to serve a Section 21 notice or Section 8 notice depending on their circumstances. 

Our tenant eviction solicitors can also help with:

• Drafting and serving eviction notices;

• Personalised advice on tenant eviction; 

• Presenting the court with a Certificate of Service. 

To get started, request a free case assessment from our legal assessment team and get a no-obligation fixed fee quote to work with a tenant eviction solicitor in as little as 48 hours.