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Property Litigation Q&A: Evicting a tenant – Advice for landlords in 2022
Posted on: 01/08/2022
Eviction should be a last resort and isn’t something that should be gone about lightly.
In this Property Litigation Q&A, Property Litigation specialist Will Bartley outlines how landlords can go about the eviction process…
How to evict a tenant
If the tenancy in question is under an Assured Shorthold Tenancy (AST), you can evict your tenant at the end of their fixed term with a Section 21 notice using form 6A.
This is known as a ‘no-fault’ eviction, as landlords don’t need to provide a reason for ending the tenancy.
If you wish to evict your tenant during the course of the fixed term, you will have to use a Section 8 notice and rely upon one of the grounds – which we set out later in this article.
We can advise you of which form to use and why upon enquiry.
Can I still issue a Section 21 notice?
At the time of writing, yes – it is still possible to issue a Section 21 notice for eviction.
However, The Government recently published a rental reform whitepaper which confirmed that Section 21 will be abolished.
When will Section 21 be abolished?
Although it is not clear when Section 21 will be abolished, its clear that landlord will have to rely on Section 8 evictions at some point going forwards.
There is hope that Section 8 grounds will be amended to make it easier for landlords to rely upon them, however it is unclear at this stage what changes will be made.
What are the grounds for a Section 8 notice?
A Section 8 notice can only be served when a tenant is in breach of the tenancy agreement.
Landlords will have to give a ‘concrete and evidenced reason’ to evict a tenant.
The most common grounds are:
- Rent Arrears
- Failure to pay rent
- Property damage
- Antisocial behaviour
A full list of grounds can be found here.
How much does it cost to evict a tenant UK?
Irrespective of the type of notice that you have used, if the tenant does not vacate by the time the notice expires, you will need to issue possession proceedings with Court to get an Order that the tenant must leave.
This incurs a Court fee of £355.00.
How long does it take to evict a tenant? Can I evict a tenant myself? What happens if a tenant refuses to leave?
In the full artice, Will answers these questions and more. Click here to read it.
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