Taking repossession of the property through legal action may sound strange to those who expect the tenant to vacate at the end of the tenancy or when an eviction notice expires. Logically, leaving the property should not require any third-party help. However, in the real world, the process can be overwhelming. Many landlords need the last resort of initiating an eviction process through the County Court, which may be lengthy.

Sometimes, the Court's possession order asking the tenant to vacate the property within 14 days may not work. Most landlords suffer financially if the tenant stops paying rent. And, when eviction proceedings start many tenants stop even trying to pay any rent. Effectively using the current landlord's rent money to save up for a deposit and moving costs when for the eventual eviction day comes. Besides, even once you have the Court judgment, the Court warrant for carrying out the eviction through the bailiff may take several weeks. One has to wonder whether all delays in the process are orchestrated by the government to keep housing tenants in breach at a landlord's expense to help the public purse. A legal expert is crucial for developing a custom strategy for regaining possession of the property.

Eviction notices

Eviction notices

The process of legal eviction involves three steps: notice, court action, and eviction by bailiffs. The court notice may be under Section 21 or Section 8 for most private renters. Other options include a Notice to Quit and a Notice to the Protected Tenants for tenancies other than assured short-hold tenancies.

The Housing Act 1988 provides two options to serve notices to the tenant, which is the first step of legal eviction. Here are some highlights of routine eviction notices to evict shorthold tenants.

• Section 21 notices - The typical approach to ending a shorthold tenancy is by serving a Section 21 notice. The landlord uses the option of Section 21 since it is a no-fault notice, meaning they do not have to provide any reasons for eviction. The landlord can start legal action four months after serving the Section 21 notice. Section 21 notice is a notice of repossession. It is suitable for landlords who intend to take back possession of the property when the fixed-term tenancy ends. The current Renters Reform Bill likely to become law in 2023 or so proposes that Section 21 procedures are scrapped ending no-fault evictions.
• Notices under Section 8 - These notices stipulate the grounds which must stand up in court. Rent arrears are the usual grounds for Section 8 notices besides anti-social behavior and property damage. This is a reason in itself for not receipting rent to the oldest arrears but receipting rent to the current month leaving aged arrears as aged, just in case you need to start possession then section 8 procedures are easier.

When the tenant disputes charges, the landlord must provide strong evidence. A Section 8 notice enables landlords to evict tenants before the tenancy agreement expires. But only limited grounds.

Possession order and eviction

Possession order and eviction

A court possession order is essential if the tenant does not leave the property by the timescale set out in the notice. The court possession order and subsequent eviction by the bailiff is a lengthy process. If the tenant does not leave the property despite the possession order being in your favor, you may need to request an eviction appointment. The eviction appointment involves the court fixing a specific date for the bailiff to carry out the eviction.

Using the following tips, you can avoid the possibility of further delay or cancellation of the eviction on the final date. Filling out the bailiff risk assessment form correctly is crucial to prepare the bailiff for risks during the eviction. These may include violent or abusive tenants, the involvement of social services or police, the tenant's mental health or history of substance abuse, and a threat from animals.

The landlord may notify the court if they notice any other risk after submission of the bailiff risk assessment form. You may need to contact the police, social services, or animal welfare services. By preparing for eviction early, you will have a better chance of success. The landlord should also be ready to wait for the bailiff, who may arrive between 9 am and 5 pm. They should expect the possibility of a last-minute cancellation of the eviction order. Cancellations are possible for myriad reasons, including the inability of the bailiff to arrive on time. Life by Ringley, part of The Ringley Group, rents properties and looks after landlords throughout the UK. To chat about letting or managing your portfolio talk to our team on