Getting a bad tenant and, more importantly, trying to get rid of them can be a painful and tiring process for landlords. The eviction process can be complicated, but this article outlines what action landlords can take to avoid bad tenants and how to make evicting tenants easier.
What should a landlord do to avoid a bad tenant?
Step #1: Tenant referencing
Landlords: Read our five essential steps to vetting your tenant.
Find out why landlords should take care when checking tenants' references.
Step#2: Find out more information on the tenant
Landlords: Find out how to use a guarantor to guarantee the rent.
Use our rent guarantee agreement.
How can a landlord find a reputable management agent?
A landlord's three steps to eviction success
Step #1: Serve the eviction notice
There are two notices you can serve, depending on the circumstances.
Section 8 Notice
A Section 8 Notice is served under the Housing Act 1988 for rent arrears. There are two grounds on which landlords can use a Section 8 Notice.
Ground 8 should be used when the tenant is in rent arrears of two months or more. In this case, a mandatory possession order must be used by the judge. Alternatively, grounds 10/11 can be used for eviction. This is when the tenant is persistently delaying rental payment for less than two months and in this circumstance, the judge can make a possession order at their discretion.
Find out more about when to use a Section 8 Notice.
Download a Section 8 Notice now.
Section 21 Notice
A Section 21 Notice ends the tenancy. If the tenant is in rent arrears, you cannot use a Section 21 Notice for evicting tenants.
If the tenancy is a fixed-term tenancy or a periodic tenancy, landlords must give the tenant at least two months' notice to leave the property. With a Section 21 Notice, it can take the judge up to six weeks to grant a possession order.
Do be careful of tenants who want to be re-housed by their local council, as they may be acting antisocially to encourage you to commence eviction proceedings.
Find out more about tenants wanting to be re-housed.
Download a Section 21 Notice now.
Find out more about when to use a Section 21 Notice.
Step #2: Issue eviction proceedings
Once landlords have served the eviction notice, the tenant has 14 days to respond. If they don’t, then it’s time for landlords to issue eviction proceedings.
Find out how our Tenant Eviction Service can issue eviction proceedings for you.
Step #3: Arrange for court bailiffs to remove the tenant
It's an obstinate tenant who doesn't leave by a date set by the court. If you have gained a possession order from the court and the tenant doesn't want to go, you can arrange for court bailiffs to remove the bad tenant, but it will usually take four to six weeks for an eviction date. Also be aware that the tenant can apply to suspend the eviction date.
On the day of the eviction, landlords should ensure the following:
Get all the tenant eviction forms and guidance you need with the Tenant Eviction Kit.
Find out how our Tenant Eviction Service can recover property and rent from problem tenants for you.
Find out more about how to deal with antisocial tenants and how to commence eviction proceedings.
Published on: June 2, 2008