Court Orders to Evict a Tenant at the End of the Tenancy

Renting out your property is something of a ‘leap of faith.’ Giving a stranger the keys to your property requires not only trust, but also a guarantee that they will look after it, pay the rent and generally be responsible. Of course going through a letting agent and/or carrying out thorough tenant reference checks can help to reduce the risks, but in spite of the best checks and guarantees – no one can predict the future, and for most landlords “problem tenants” are part and parcel of the buy to let industry. How the problem tenants are dealt with however can make a big difference to the overall negative impact these tenants have on the profitability of the rental property. For example tenants who has persistently been late or troublesome paying the rent are unlike to be offered a renewed tenancy.  

What do you do if your ‘perfect’ tenant stops paying the rent?

Most tenancies are on a shorthold basis, which gives the landlord some chance of evicting problem tenants. Within the shorthold tenancy agreement the tenant may either have a fixed term tenancy (for instance, over 6 months) or a periodic tenancy (an indefinite tenancy running from one rent period to the next). The most common way of removing a tenant from your property is through using a ‘Section 21 Notice,’ which gives the tenant two months’ notice to vacate the property. This notice is usually effective, but it is absolutely critical that the landlord follows rules and procedures, or the tenant may have the right to remain in the property for longer. It is also often the case that the deposit must be registered under a government-backed deposit scheme, in order for a ‘Section 21 Notice’ to be applied. (Click here for advice if the tenancy deposit was not registered correctly and you now need to evict the tenants)

The most common grounds for eviction:

• Persistent late payment of rent.
• No payment of rent.
• Damage to the property.
• Anti-social behaviour.
• Breaking the terms of the tenancy.

What happens if, after a ‘Section 21 Notice’ has been served and the two months’ notice has been served, the tenant refuses to leave the property?

• Firstly, you need to make sure that the Notice is valid and provides all the legally required information because an incorrect notice will invalidate your claim.
• In order to be valid, the Notice must be in writing; give at least two months’ notice; end on the last day of a rental period; state that it is being issued under Section 21 of the Housing Act 1988; the deposit must be protected under a government-approved scheme and, if it isn’t, must be returned to the tenant either in full or part.
• If the Notice has been valid, then the County Court will award a ‘Possession Order.’ The tenant can ask for the eviction to be deferred by 6 weeks, but this will usually be granted only if there is extreme hardship. 
• Unless you apply for a ‘Money Judgement Order’, the tenant will not have to pay back any money in arrears once they have been evicted. 
• More information about Money Orders on GOV.UK.

What happens if the tenant still won’t leave after a possession order is granted?

• It is important to note that you must not try and force the tenant to leave, as this could be classed as harassment. 
• The next step will be that the Court will instruct bailiffs to move the tenant on. This is called a ‘Warrant of Possession.’ 

Top tips to ensure a smooth eviction process

• The problem is that, although the serving of the ‘Section 21 Notice’ and subsequent ‘Possession Order’ might be simple, it is only so if everything is completed properly.
• Courts cannot take the chance that they may be evicting somebody unlawfully, and therefore it is imperative that all the paperwork is completed correctly.
• This can be difficult if you have other commitments and are trying to organise the eviction of the tenant whilst working, or looking after a family.

Using a specialist eviction service company

• Using a specialist eviction company does have the clear benefit of dealing with the hassle of the court process.
• A reliable eviction company should also be able to provide information about the likely success and time scales you should expect so you can budget accordingly.
• Some eviction companies (Evictions South East being one of them) hold a 100% eviction success rate, when you compare this to the fact some private landlords experience several failed attempts at evicting tenants, this can be very reassuring to know.
• The eviction company will deal directly with the court and the tenant on your behalf. No more angry text messages or phone calls to your soon to be ex-tenants!