Evicting Tenants & Gaining Possession

Landlord And Tenant Solicitors

Evicting Tenants, Gaining Possession Of Rented Properties On An Assured Shorthold Tenancy Agreement

You have two ways of evicting tenants and gaining possession of your property under the Housing Act 1988:

Section 8 Notice To Quit (also known as a Section 8 Possession Notice) – a fault notice
Section 21 Notice Requiring Possession – a no fault notice.

Both must be worded correctly in accordance with the law if they are to be effective. Our experienced Debt Recovery team can advise you and serve notices on your behalf if required.

Section 21 Notice – Accelerated Possession Proceedings

You can issue a Section 21 notice without the tenant having been at fault.

Of the two means of evicting a tenant, a Section 21 notice is often the most certain means of doing so – but it is the most technical for a landlord.

For your Section 21 notice to be valid, you must have complied with a series of key legal points. They include protecting the deposit according to the law (or returning it to the tenant) and providing the tenant with the prescribed information about the deposit.

Although Section 21 is often referred to as Accelerated Possession Proceedings, it is not always quicker than the Section 8 route. The notice period for a Section 21 notice was normally three months (based on a six-month tenancy agreement) but this has now been extended due to the coronavirus pandemic.

Advantages of a Section 21 notice

you do not need to prove fault
you can evict the tenant(s) more quickly (if you do not seek to recover rent arrears)
there is a high probability that your tenant(s) will be evicted.

Disadvantages of a Section 21 notice

you must calculate the date of expiry (and draft the notice) very carefully
you must give the tenant at least two months’ notice of possession
you cannot serve notice until at least four months after the start of the tenancy (for tenancies that started after October 1 2015)
there are a number of technical issues that you must have complied with
you cannot include a claim for unpaid rent.

Section 8 Notice

Section 8 notices can be served when the tenant has committed a fault. Non-payment of rent is the most common cause.

These notices require less documentation to be exact than their Section 21 counterparts. The notice period was previously 14 days (but could have been more or less time in some instances). Now that notice period has been extended.

Some grounds are mandatory – such as the tenant owing at last eight weeks’ rent. Other grounds are discretionary (if the tenant has breached an obligation, such as causing annoyance).

If your only grounds for serving a Section 8 notice are discretionary then the court must decide based on a balance of probabilities. This means that tenants may avoid eviction more easily.

Advantages of a Section 8 notice:

you can alert the tenant to breaches in the tenancy – this can prompt them to find somewhere else to live
you can still recover possession, even if you have not complied with the Tenancy Deposit Scheme, Gas Safety Certificate or Energy Performance Certificate (EPC) rules – but remember that your tenants could issue a counterclaim
you can include a claim for unpaid rent up to the date of eviction.

Disadvantages of a Section 8 notice:

obtaining possession is not as certain as a Section 21 notice
you have to prove the grounds for possession as set out in your notice.

Serving Section 8 and 21 Notices, Issuing Proceedings For Possession

You can serve Section 8 and 21 notices on tenants at the same time – provided that you meet the required terms of each notice.

But in either case your tenants may refuse to vacate a property as required. The next step is court proceedings.

Unless a Section 21 claim is defended, no hearing is required and a possession order may be made. With a Section 8 claim a hearing will be required.

Tenants may attempt to claim compensation if the Assured Shorthold Tenancy agreement were not dealt with properly from the outset (for example, if a deposit were not handled according to the law). Claims may total up to three times the amount of the deposit.

Failure to register a deposit correctly will stop you from issuing a Section 21 claim until the deposit is returned. Worse still, failure to comply with housing regulations may also prevent you from successfully evicting a tenant by means of Section 21 (Accelerated Possession) proceedings.

Section 21 v Section 8: Recovering Unpaid Rent

Section 21 is a more certain way of obtaining possession but does not include a claim for unpaid rent – but Section 8 claims do.

If you make a Section 21 claim you will need to issue separate proceedings to recover any rent. Our Debt Recovery Department often deals with claims for unpaid rent.

What If The Tenants Ignore A Court Order? Warrant Of Possession

Often, the tenants may decide to remain in your property even after ordered by the court to vacate it. You may then need to issue a Warrant of Possession to have the tenant removed.

For Eric Holt, Debt Recovery Manager:

“I have no hesitation in recommending Coles Miller who we are very happy to use when we need assistance with recovering unpaid invoices. Eric Holt has handled every bad debt for us and always delivers a positive outcome.”

“Having worked with Eric Holt over the past few years I have received an excellent service! I would have no hesitation in recommending him to others.”

“Thank you and Tracey for all the help, advice and support that you gave me throughout the whole process. I have kept your details should I need your services again in the future. Again thank you.”

"I came into your office a short while ago without an appointment regarding an enforcement order and you saw me immediately, you gave me some sound advice for which I will always be grateful."

"Very good, quick service keeping me fully informed. The contract and pricing was very clear and I believe very good for the service I received. I would highly recommend this company and will use again. Thank you for your professional support."

Eric Holt

Debt Recovery Manager

Tracey Ford

Legal Assistant

Landlord and Tenant Evictions

Landlord And Tenant Solicitors