Evicting a tenant can sometimes be a complicated process, and in order to do it legally, you will have to follow these steps carefully. If you are not sure if you are able to evict a tenant, ask your question in the comments below, and we will try to help you.
For all the relevant information, please head to the gov.uk link at the end of this post and check now and again for changes. This guide concerns Assured Shorthold Tenancies, both ‘Periodic’ Tenancies (run week by week or month by month with no fixed end date) and fixed-term tenancies (run for a set amount of time).
Step 1: Give notice of eviction
Give your tenants a Section 21 notice if you want the property back after a fixed term ends. Give them a Section 8 notice if they’ve broken the terms of the tenancy. (source: gov.uk)
Notices can vary from 2 weeks to 2 months depending on the terms of the tenancy agreement. However, in general, you will have to give a 2 months notice, but there are exceptions (e.g. - if the tenant has been in the property for under 6 months, if the property is an HMO without a license, etc…). Follow the link on Section 21 above for more details.
You can use a Professional Notice Servers service to make sure your tenants definitely receive the notice.
Step 2: Seek a Possession Order
After you give a notice to the tenant, and they still don’t move out, then you will have to go to court and apply for a Standard Possession Order. This costs £325.
You can also apply for an Accelerated Possession Order if you are not claiming any unpaid rent, which costs £355, however it is usually quicker as there is no court hearing.
You will have to fill in a form at the County Court of your area. The court will then send a copy to the tenants who will need to reply within 14 days. This period can be extended by the judge if the tenant is in serious difficulty.
Step 3: Apply for a Warrant for Possession
If the tenants still refuse to leave after taking the steps above. You have one final option: Applying to the court for a Warrant for Possession. In this case, bailiffs can remove the tenants from your property. This costs £121.
To speed up the process, you can ask to transfer the case from the County Court to the High Court, and a High Court enforcement officer will carry out the eviction. You can only do this if you’re claiming more than £600 including court costs.
Find more information at Gov.uk
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