If you have had to Google this subject, chances are things are not good with your rental property and you could do with some tips on the next steps.

However, with the upcoming Renters’ Rights Bill, the process of how to legally evict someone is about to significantly change. We have put together a guide on the current process of evicting tenants and what changes landlords can expect to see in the coming months.

Types of Assured Shorthold Tenancies (ASTs)

In order to understand the current rules around eviction, you need to know the differences between periodic and fixed-term tenancies:

  • Fixed-term ASTs – these tenancies run for a set amount of time
  • Periodic ASTs – also known as ‘rolling tenancies’, begin at the end of a fixed term until such a time a new tenancy agreement is signed, they run on a week-by-week or month-by-month basis with no fixed end date

Reasons for Evicting a Tenant

During a periodic AST, a landlord does not currently need a legal reason to evict a tenant.

During a fixed-term AST, a landlord can legally evict a tenant if:

  • They have not paid the rent
  • They have displayed anti-social behaviour
  • There is a break clause in the contract (which allows landlords to take back the property before the end of a fixed-term)
  • The fixed-term has ended, the landlord is not required to give reason to take back their property

What is a Section 21 Notice?

  • Section 21 notices, or ‘no fault’ evictions, are generally used when a landlord wants to repossess the property at no fault of the tenant’s actions
  • A landlord or agent can serve a Section 21 notice during both a periodic tenancy and fixed-term tenancy

Key Features

  • Cannot be issued if it has been less than 4 months since the tenancy began or the fixed-term has not ended (unless there is a break clause in the contract)
  • The eviction date stated must give a tenant at least 2 months from the tenant receiving the notice
  • Cannot be served if the tenant had not received copies of particular items of paperwork at the correct times; including but not limited to the property’s EPC, the government’s ‘How to Rent’ guide, and a current gas safety certificate for the property (if applicable) prior to moving in

How is Section 21 Changing?

The Renters’ Reform Bill is set to introduce the most significant changes to England’s private rental sector in years.

Two of the major changes surrounding evictions include:

  1. Fixed-term tenancies will be replaced by periodic agreements
  2. Section 21 ‘no fault’ evictions will be removed

“…more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction”

When Can’t You Serve an Eviction Notice?

As per the government’s guidelines, a Section 21 notice cannot be used if:

  • It has been less than 4 months since the tenancy began
  • The fixed-term tenancy has not ended (unless the contract has a break-clause)
  • The property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
  • The tenancy began after April 2007 and the tenant’s deposit is not protected by a deposit protection scheme
  • The property has been served an improvement notice by the council in the last 6 months
  • The landlord has not repaid any unlawful fees or deposits charged to the tenant (under the Tenants Fees Act 2019)

Alternative Eviction Notices

  • Section 8 notices are generally served when a tenant breaches their contract – ie., if they are in rent arrears
  • A landlord must give between 2 weeks’ to 2 months’ notice (depending on what terms the tenant has broken)
  • To do this, the landlord must complete a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’ form

FAQs: Evicting a Tenant

How will the Renters’ Rights Bill change evictions for landlords?

  • Following the introduction of the bill, landlords will no longer have the power to evict a tenant with 2 months’ notice without reason
  • Evictions will require a Section 8 notice that states one (or more) valid grounds
  • On the occasion a tenant refuses to leave, landlords will need to obtain a possession claim through the courts and have a hearing

What does it cost to evict a tenant?

  • According to Lawhive, it typically costs between £500 to £2000 to evict a tenant in the UK
  • Costs will vary depending on whether court proceedings or enforcement action is required
  • Landlords are fully responsible for paying eviction fees
  • If a tenant challenges their eviction, then they must cover their own court costs

Can you avoid court?

  • If a tenant vacates the property before the end of the notice period then a landlord can avoid going to court
  • However, a landlord must go to court to obtain a possession order and warrant for eviction if a tenant refuses to leave the property

What do landlords need to do ahead of the new changes to Section 21?

  • Check they thoroughly understand the legal use of Section 8
  • Have a more careful approach on choosing their tenants as evictions become more complex – our ‘How to Find Good Tenants’ guide for landlords has some great tips
  • Always have detailed tenancy agreements
  • Keep a record of every communication between themselves and the tenant as it could be used as evidence later on

We would like to stress that Eclipse Inventories are not legal professionals in any way, but are providing a summary of the steps a landlord must take when evicting a tenant. Full legal guidance through this process is 100% recommended.

Final Thoughts

With the upcoming removal of Section 21, the eviction process for landlords is about to become more structured and legally rigorous.

Now is the time for landlords to review their tenancy agreements, understand the new Section 8 grounds, and ensure they’re prepared for a new era in property management. Staying informed and compliant will be key to protecting your rental investment in the months ahead.

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