Expert Eye: Top tips to evict bad tenants from Newark solicitor

As with any business, being a landlord carries risks. Whether you have been a landlord for much of your life, or are preparing to rent out your first property, it is important to recognise the risks and problems you could potentially face with your tenants and how these can be dealt with, including, in worst case scenarios, the process of eviction, writes Lesley Purveur, a solicitor with Larken & Co of Newark.

Difficulties can be caused for landlords in a number of ways, such as tenants falling into rent arrears, breaching terms of the tenancy agreement, sub-letting, causing nuisance and damage, ending a tenancy before the end of the fixed term, abandonment of property, and illegal activity.

These problems can lead to landlords taking formal steps to seek a possession order from the court, leading ultimately to eviction.

The most important element in evicting a tenant is following the correct procedure.

It is not simply a case of turning up, banging on the door and demanding they leave. Depriving someone of their right to a home (even if it is your property) is an issue taken extremely seriously by the courts.

Even minor mistakes on court forms and tenant notices may cause a possession claim to be rejected by the courts. It is, therefore, worth bearing in mind a number of points when considering and dealing with recovering possession.

Service of proper possession notice

If you’re looking to notify your tenant that you would like them to leave your property it will be necessary to serve either a section 21 or Section 8 notice under the Housing Act 1988.

It is essential your notice is correct and the appropriate period of notice has expired before proceedings can be brought to evict a tenant.

The court must also be satisfied that any notice for possession has been properly served and evidence of service lodged with the court verifying how this has been carried out.

Possession notices must be correctly drafted otherwise the whole process could be deemed invalid and a landlord could lose a claim for possession at court.

Obtain a court order for possession

It is a criminal offence to evict a tenant other than by obtaining a formal order from the court, and if the tenant still fails to vacate by the date specified on the order for possession, landlords must apply for a warrant for possession to secure a court bailiff appointment, which is the date of eviction.

If a landlord thinks there may be trouble with the tenant leaving on the date set for eviction the court needs to be notified, and police presence can be arranged. A Bailiff risk assessment should be carried out to provide as much information on the tenant as possible.

Accelerated procedure

This is the quickest and most effective way to evict tenants and is based on a previously served Section 21 notice, which gives a tenant at least two clear months’ notice and which cannot expire before the end of the fixed term.

In accelerated proceedings, a judge makes the order on the paperwork provided and there is usually no court hearing.

Despite being called accelerated, it is not particularly quick and can take eight to 12 weeks before an order is obtained.

Section 8 eviction notice

Grounds for eviction can include failure to pay rent, damage to property or causing a nuisance.

Landlords must specify on the notice what terms have been breached and are advised not to use any of the discretionary grounds because tenants can put in a defence, and these cases tend to become long, drawn out, and expensive, particularly when dealing with a tenant who is familiar with and knows how to use the system.

Re-housing by local authority

This will not normally happen until a possession order has been made against a tenant, and sometimes not until a bailiff’s appointment has been arranged.

Judges will expect landlords to follow the proper procedure and have perfect paperwork, and are generally unforgiving if mistakes are made.

For section 21, courts need to be satisfied that landlords have given their tenant all the correct paperwork, tenancy deposit rules have been adhered to and the deposit protected.

Once a possession order has been made, a tenant is normally given a set amount of time to vacate the property. Where tenants do not vacate, the possession order needs to be enforced.

A warrant of possession for the appointment of a bailiff is issued and notice of bailiff’s appointment is sent out to the tenant.

On the day of eviction, landlords should arrange for a locksmith to attend.

Recovering possession can be difficult and stressful. If you would like any further information or assistance, please contact Lesley Purveur.