Evicting tenants

Evicting tenants, whether from residential or commercial properties, is a sensitive and often complex process that requires following strict legal procedures.

Whether you’re a landlord dealing with rent arrears, breaches of the tenancy agreement, or simply needing possession of your property, it’s important to ensure that the eviction is handled lawfully to avoid potential disputes and penalties.

At Moore Barlow, our experienced solicitors provide clear guidance and support to landlords, ensuring that the eviction process is managed efficiently and in full compliance with the law.

Can landlords just evict tenants?

No, landlords cannot just evict tenants. They must follow legal procedures, including serving the correct eviction notice (such as Section 21 or Section 8 for residential tenants) and obtaining a court order if necessary. Evictions must comply with the law to avoid being deemed unlawful.

How to evict a tenant

Check the tenancy agreement

The first step in the eviction process is to carefully review the tenancy agreement you have in place with your tenant. This document outlines the terms of the tenancy, including the agreed-upon rental period, responsibilities of each party, and any specific clauses that could affect the eviction process.

Whether you are dealing with a residential or commercial tenant, understanding the legal framework set out in the lease is crucial. This will help you determine whether you have valid grounds for eviction and ensure that you are following the proper procedures laid out in the agreement.

Serve the correct notice

Once you’ve reviewed the tenancy agreement, the next step is to serve the appropriate eviction notice. For residential tenants, this typically involves either a Section 21 or Section 8 notice under the Housing Act 1988.

A Section 21 notice is used for no-fault evictions, meaning the landlord seeks to regain possession of the property without citing any specific breach of the tenancy. A Section 8 notice is served when the tenant has breached the terms of the tenancy, such as falling into rent arrears or causing damage to the property.

For commercial tenants, you would usually issue a notice of forfeiture if the tenant has breached the lease, such as failing to pay rent or violating other key terms. Ensure that the notice is served correctly, following all legal requirements for the specific type of tenancy.

Wait for the notice period

After serving the eviction notice, you are required to wait for the notice period to expire before taking further action.

For residential tenants, a Section 21 notice typically requires a two-month notice period, while a Section 8 notice may require between two weeks and two months depending on the grounds for eviction.

For commercial tenants, the notice period may vary based on the terms of the lease and the nature of the breach. During this time, the tenant has the opportunity to resolve any issues or vacate the property voluntarily. It is important to ensure that you give the tenant the full legal notice period before proceeding to the next step.

Apply for a possession order

If the tenant does not vacate the property by the end of the notice period, you will need to apply for a possession order through the court. This formal legal step is necessary to regain control of the property if the tenant refuses to leave voluntarily. The court will review the eviction notice and tenancy agreement to determine whether the landlord has followed the correct procedure.

If the court is satisfied, a possession order will be granted, specifying a date by which the tenant must leave the property. In some cases, a court hearing may be required, particularly if the tenant contests the eviction or claims unfair treatment.

Enforce the possession order

If the tenant still refuses to leave after the possession order has been granted, you may need to apply for a warrant of possession to enforce the order. This will involve appointing bailiffs to remove the tenant from the property if they continue to occupy it beyond the court-ordered date.

While this is generally the last resort, it ensures that the eviction is carried out legally and without further delay. In commercial tenancies, bailiffs may also be used to secure the property and prevent the tenant from continuing to occupy it unlawfully. Throughout the process, it is essential to act within the bounds of the law to avoid any claims of unlawful eviction.

Evicting residential tenants

Evicting residential tenants is regulated by strict laws in the UK, with landlords required to follow proper procedures under the Housing Act 1988. The most common routes for eviction are:

Section 21 Notice – This is a “no-fault” eviction notice, allowing landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy. No specific reason is required, but the notice must be properly served, giving tenants at least two months to vacate.

Section 8 Notice – Used when a tenant has breached the tenancy agreement, such as failing to pay rent or damaging the property. Landlords can use specific grounds to seek possession, but this process can lead to court proceedings if the tenant does not voluntarily leave.

Evicting commercial tenants

Commercial tenant evictions differ from residential ones and are typically governed by the terms of the commercial lease. The most common reasons for evicting a commercial tenant include rent arrears, failure to maintain the property, or breaches of lease terms. The main procedures include:

Forfeiture of lease – Forfeiture allows landlords to terminate a lease due to a breach of terms. The lease must contain a forfeiture clause, and the landlord must serve a formal notice specifying the breach. In cases of rent arrears, landlords can sometimes forfeit the lease without serving a notice.

Court proceedings – If the tenant disputes the forfeiture or refuses to vacate, the landlord may need to seek a possession order through the courts. This ensures that the eviction is legally enforceable.

How we can help

At Moore Barlow, our team of specialist solicitors is experienced in managing both residential and commercial tenant evictions. We guide landlords through the legal complexities, ensuring that all necessary notices are served correctly and the eviction process is carried out lawfully.

• Serving notices: We assist in preparing and serving the correct eviction notices, ensuring that all legal requirements are met, reducing the risk of delays or disputes.
• Dispute resolution: If tenants challenge the eviction, we provide robust legal representation, helping landlords navigate court proceedings, mediation, or other resolution methods.
• Enforcement: If the tenant refuses to leave after the eviction notice or court order, we can help with enforcement actions, including instructing bailiffs to recover possession of the property.