Landlord Eviction Rights
Helpland Ltd ensures a positive resolution for you
While going through the eviction process it is important to be aware that as a landlord, you have eviction rights which you are able to exercise to ensure a positive result. It is a stressful situation for both the landlord and tenant, and sometimes when you have pursued all reasonable routes as a landlord you are left with no option but to impose an eviction notice.
What are your rights when you require a tenant to vacate your property?
Assuming a rental agreement has been breached, or the tenancy is coming to an end and you follow the correct procedures, then you have every right to evict your tenant. However, you have no right to evict someone without court action. This is because tenants also have rights, including problem tenants. Faced with the prospect of losing their deposit they will undoubtedly try to exercise their rights.
Your first priority is to ensure you set out a clear and enforceable tenancy agreement. You should make sure that every adult dwelling in your property has signed the agreement to avoid a situation where you have to evict each person separately.
If you follow eviction law to the letter, your rights will be perfectly clear as you will know the exact section you need to serve and the grounds upon which you can make an eviction.
One basic right is that at the end of an Assured Shorthold Tenancy (AST) you need to only give 2 months’ notice to remove the tenant. No reason need be given for requiring possession, however if the tenant refuses to surrender, you must apply for a possession order from the court. The court will have no discretion to refuse.
Under this tenancy you can also consider the ‘accelerated possession procedure’ – a quicker way to get back possession of your property, which usually does not need a court hearing. You can only use the procedure if you have a written tenancy agreement and you have given the required written notice, in the right format and giving at least 2 months’ notice.
Please take note that you have fewer rights in an Assured Tenancy as you need a good reason to evict a tenant. The court must evict an assured tenant if you send a “notice seeking possession” stating either that:
- The tenant is two months behind with the rent
- You need to live in the property, and gave notice of this at the beginning of the tenancy
- You are going to demolish or reconstruct the property.
To gain a comprehensive overview of all your rights as a landlord, you are best advised to consult and expert in eviction.
Helpland Ltd assists landlords and letting agents throughout England, Scotland and Ireland, and gives professional, valuable advice on many areas of eviction, including serving notice to tenants via Section 8.