Evicting Tenants: Navigating Landlord Issues, Options, and How We Can Help

Here at Moore and Tibbits we understand that evicting tenants is not an easy or comfortable task. Our Dispute Resolution Team can assist Landlords to ensure the eviction process is smooth and legally compliant. We collaborate with Landlords to regain possession of their property effectively and efficiently.

Beginning the Eviction Process

The eviction process begins by serving an eviction Notice on the tenant. This action officially notifies tenants of the landlord’s intention to reclaim possession of the property. When initiating eviction proceedings, landlords commonly rely on two types of Notices under the Housing Act (1988): Section 21 and Section 8. The key differences lie in how they can be used and the requirements for each process.

• Section 21 Notice: Often referred to as the “no-fault” eviction route, a Section 21 Notice allows landlords to end an assured shorthold tenancy (AST) without providing a specific reason. This route is popular because it bypasses the need for the landlord to present a reason for the eviction, though it requires strict adherence to various legal requirements.
• Section 8 Notice: This Notice is used when the tenant has breached specific terms of the tenancy agreement. Landlords must cite and provide evidence in support of one or more grounds listed in Schedule 2 of the Housing Act 1988, commonly cited grounds are rent arrears or anti-social behaviour.

Each of these Notices serve a distinct purpose and involve different legal obligations and process. Moore and Tibbits assist landlords in choosing the right Notice for their particular set of circumstances, ensuring all procedural requirements are met, and increasing the likelihood of a successful eviction.

Key Differences Between Section 21 and Section 8 Notices

1. Notice Periods:
   o    A Section 21 Notice usually requires a two-month Notice period, but this may vary depending on the rental payment frequency (e.g., quarterly, semi-annual payments).
   o    A Section 8 Notice has a flexible Notice period depending on the grounds used. For example, substantial rent arrears may warrant a shorter Notice period of as little as two weeks.
2. Grounds for Eviction:
   o    A Section 21 Notice does not require landlord to specify a reason for eviction.
   o    Under a Section 8 Notice, a landlord must rely on one of the pre-determined grounds in the Housing Act and evidence its position.
3. Timing:
   o    A Section 21 Notice cannot be served in the first four months of the tenancy.
   o    A Section 8 Notice can be served at any time during the tenancy, where a tenant is in breach of the terms of the Tenancy Agreement and if the specific grounds to be relied upon can be met.
4. Validity Requirements:
   o    For a Section 21 Notice, the Landlord must have complied with strict requirements at the start of the tenancy. Failure to meet these requirements may invalidate the Notice.
   o    For a Section 8 Notice, the landlord must set out that the tenant’s breach falls within one of the mandatory or discretionary grounds for possession as set out in The Housing Act 1988. 

If any errors are made in serving these Notices, landlords may face delays as they would need to restart the Notice process. Moore and Tibbits ensure that all required paperwork is properly managed and that each step aligns with legal standards to avoid any delays and increase the likelihood of successful eviction processes.

Can Both Notices Be Used Together?

Yes, in certain cases, landlords may choose to serve both a Section 8 and a Section 21 Notice simultaneously. This approach provides flexibility, ensuring that even if the tenant addresses the issues under Section 8 (e.g., the tenant pays the overdue rent), the Section 21 Notice remains valid as a backup to regain possession.

What Happens if the Tenant Does Not Leave?

If a tenant does not vacate the property after the Notice period ends, landlords may proceed with court action by applying for a possession order. Here’s how our firm can assist if this is the case:

• Applying for a Possession Order: If a Section 21 Notice was served, landlords might use the accelerated possession procedure, which is a typically quicker and paper-based process. A Section 8 Notice, however, generally requires a court hearing.
• Court Representation: We will provide experienced representation at court, whether that be by one of the members of our team or through the appointment of reliable and considered third party counsel or agent, so as to ensure presentation of a landlord’s case in a compelling manner and defending its rights with a view to securing a favourable outcome.

Ongoing reforms: Renters Reform Bill

With ongoing reforms under the Renters Reform Bill, which are very likely to include the abolishment of Section 21 Notices, maintaining compliance with evolving legislation is crucial. Our Dispute Resolution Team closely monitors these developments to ensure landlords are offered only the best and most up to date advice and assistance in protecting their rights, and in adapting to the changes as the Law evolves.

How We Can Help

Evictions require meticulous attention to legal details to avoid costly errors and delays. Our experienced team can guide you through each step, from initial advice through to an application for a Warrant for Possession in the event the tenant fails to vacate a property following the granting of an Order for Possession. Here’s how we assist landlords:

• Sound Legal Advice: We will advise you as to the correctness of documentation,  compliance with the Law and how to rectify any non-compliance prior to the issue of eviction Notices.
• Notice Preparation and Service: We ensure all legal requirements are met in our preparation, drafting and serving of valid Notices.
• Court Applications and Representation: where a tenant fails to comply with a Notice to Quit, we can deal with the preparation, drafting, service and filing of Court proceedings, liaison with third parties such the Court, Process Servers, Bailiffs or High Court Enforcement Officers, and Counsel or Solicitor Agents in relation to representation at Court hearings.
• Compliance Checks and Legal Updates: We conduct thorough compliance checks to ensure all documentation is in order. We also provide ongoing guidance as legal updates occur. Read more HERE. 

Whether you’re dealing with tenants in breach of their Tenancy Agreements, trespassers, or simply want your property back, our experienced and knowledgeable Dispute Resolution Team offers expert assistance tailored to each situation, helping you regain control of your property quickly and as cost effectively as possible.

Just call us on 01926 491181 or email: siobanc@moore-tibbits.co.uk to learn more about how we can assist with your eviction issues.