Since Big Brother finished airing in 2018, I think it’s safe to say that nobody in the world likes an eviction.

Least of all tenants and landlords.

But from time to time, as a landlord, you’ll find yourself in the uncomfortable position where you’ve exhausted all your other options, and eviction’s the only way forward.

(Seriously though, before you think about evicting a tenant, you really should have gone through all your other options first! You’d be amazed how many problems can be solved by calm conversations and a little understanding.)

So whether your tenant’s rent’s been in arrears for months, they’re flat out refusing to replace the TV they smashed or whether you simply need to take back possession for your own reasons, here’s how you should go about the eviction process.

Consult your logbook

Logbooks aren’t just for lorry drivers you know; landlords need them too. So here’s a massive tip for anyone who’s not already noting down tenant problems in a logbook – start now.

When you’ve got a big portfolio, it’s all too easy to lose track of what’s happening where, and how long tenant problems have been going on for. To stop that from happening and make sure you’re always in the strongest position you can be as a landlord, you should be noting down every problem you have with a tenant.

Dates, the complaint, the action you took and the correspondence between you both too.

Whether they’ve made a late rent payment, let the property get too dirty prior to an inspection or broken a kitchen appliance, keep a record of everything that happens.

Every time you visit your property, take photos and list down anything you’re unhappy about. You should also write down any actions you expect your tenant to take, with deadlines, and try and get them to sign to say they acknowledge your request too.

Sure, it might sound like a geeky, OTT thing to do. But you’ll be thanking your lucky stars that you were that pedantic if you ever get to the stage where you need to carry out an eviction and the case goes to court.

Clue up on contracts

The better you know your tenancy agreements, the more confident you’ll feel handling the eviction process. The type of tenancy agreement you have in place will also affect the amount of your time and effort that the eviction will take.

Shorthold tenancy agreements – Section 21 and Section 8

If you have periodic shorthold tenancy agreements that run weekly or monthly, you can serve a Section 21 or a Section 8 notice to your tenant (or both).

Which one you serve depends on a few factors, though – ultimately – the point of both is for you to get your property back.

Generally speaking, Section 21 notices are served to give “notice of possession”, which you can do without having to provide a reason – so long as you got things right way back at the start of the tenancy.

On the other hand, Section 8 notices are served when you have grounds for eviction. That’ll be because of things like unpaid rent, property damage or causing a nuisance.

How to serve a Section 21

Section 21 notices can be used to evict tenants after a fixed term tenancy ends (as long as there’s a written contract) OR during a tenancy with no fixed end date.

They must usually give at least 2 months’ notice (though more at the moment because of Coronavirus). There are certain circumstances under which you can’t serve a Section 21 – click here to find out what they are.

If you’re going down the Section 21 route, you’ll need to keep proof that you gave notice to your tenant by filling in a certification of service (which you can find on the Gov.uk link above), or by writing “served by [your name] on [the date]” on the notice.

Just always remember, you cannot serve a Section 21 if you didn’t give your tenant copies of all of the following before they moved in:

• The property’s EPC
• The Government’s How to Rent guide
• The current gas safety certificate if gas is installed at the property

How to serve a Section 8

If your tenant broke the terms of the tenancy, you can serve a Section 8 notice.

To do this, you’ll need to fill in a “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy”, specifying the terms that your tenant has broken.

If your tenants don’t then leave before the specified date, you can go so far as to apply to the court for a possession order – but hopefully it won’t come to that!

Likewise, if they dispute the notice, the case could end up in court (which is where all that evidence in your logbook will come in handy!).

The simple dos and don’ts of serving notice

Many landlords find that it’s easier and a less painful process to serve a Section 21 rather than a Section 8 – even if they have grounds for the latter. Whichever route you decide to go down, here are a few dos and don’ts to help you avoid making a costly mistake.

DO try to reach a mutual agreement with the tenant before serving the notice
DO give your tenant at least two months’ notice
DO serve notice in writing – always!
DO specify your possession date from the outset
DO be as reasonable and accommodating as you can
DON’T communicate in a way that could come across as harassment
DON’T serve notice to expire earlier than the last day of the fixed term
DON’T assume that the outcome in court will always go your way (it might not if a tenant has remedied the breach you’ve relied on when serving a Section 8!)

With the right approach, evictions can be a simple and relatively stress-free process. But if you don’t know what you’re doing or you make a mistake along the way, the consequences can be costly in terms of your time, your money and even your mental health.

If you’d like to guarantee that you never get caught up in the necessary stress of an eviction gone wrong, let’s talk. Call us on 020 3432 3888.