This guide explains the landlord eviction process and how long it takes to evict a private tenant. There is current information for landlords on the process of tenant eviction.
EVICTING TENANTS UK: Landlords must follow strict procedures to evict a tenant from their property.
The method used to evict a tenant depends most on whether they owe rent or not. The tenancy agreement and its terms may also affect which process to use.
You should use the 'standard possession' method if your tenant owes rent arrears. This is the best eviction procedure to get your property back.
There may be an alternative to eviction if your tenant is on Housing Benefit or Universal Credit. In this case you can ask for their rent money to get paid to you instead. This system of 'managed payments' works best when your tenant claims certain benefits.
What if you are not claiming unpaid rent but have another reason to start the landlord eviction process of a tenant? In some cases you can 'evict a tenant using accelerated possession'.
There are several different eviction procedures depending on the type of tenancy you have. As a rule the terms of the tenancy agreement determine the exact procedure for eviction.
There are two different types of Assured Shorthold Tenancy agreements.
All landlords must follow this set process if their tenants have Assured Shorthold Tenancy.
Having an excluded tenancy or licence often means the tenant lives with you. In this case you can evict your tenant without going to court.
You still need to give the tenant 'reasonable notice' to quit. As a rule, reasonable notice means the length of the rental payment period. That means tenants who pay rent weekly usually get one week's notice to leave.
This type of tenancy agreement does not need a notice in writing. A landlord can then change the locks on their rooms even if the tenant still has belongings inside the home.
Did your tenant start their tenancy before 27 February 1997? If so they may have an assured or regulated tenancy agreement.
In this case you must follow different rules for evicting tenants with this type of tenancy. It also means they will have increased legal protection from eviction.
Note: Contact Shelter in England and Shelter Cymru in Wales for help with assured tenancies and regulated tenancies.
What happens if tenants leave belongings after eviction in your property? Find out what landlords should do with their tenant's belongings after getting evicted.
The 'Possession Claim Online' service is for landlords in England or Wales.
It is a system to get your property back when your tenants owe you rent money.
The digital service means you can fill in the court forms online and track how your claim progresses. The possession claim online service costs £325.
You should use a different system if your tenant does not owe you rent arrears. Instead, you should apply to the court to evict your tenants if they broke the tenancy agreement.
Reasons for using this system could be for trespassing, forfeiture, or demoted tenancy.
You cannot use the online service for certain types of standard possession claim. This applies if you make a forfeiture claim because tenants have breached the terms in the lease.
You should complete the standard possession claim form in paper version. Fill it in and post it to your local court that deals with housing possession.
This system costs £355 to apply. You can send a cheque to the same court with your completed form. Make your cheque payable to 'HM Courts and Tribunals Service'.
If you are not claiming rent arrears you can use the accelerated possession service. This system speeds up the process of tenant eviction. It gets used when your tenants do not leave by the date specified in your Section 21 notice.
Using accelerated possession is often quicker than applying for a standard possession order. The reason is because there is no court hearing, as a rule. But, the accelerated possession service costs £355.
Note: You cannot evict fixed-term tenants until their tenancy ends.
What happens if you want to claim rent arrears from a tenant? In this case you can use the standard possession procedure.
Another method is to use the accelerated procedure to get your property back first. Then follow that by making a separate court claim for the rent arrears.
What happens when you apply to a court to get accelerated possession? The court sends a copy of the application to your tenant. Tenants then have 14 days from the date they receive it to challenge the application.
A court judge will then decide either to:
A court can still decide to issue a possession order even if they set up a hearing. The judge can extend the order up to 6 weeks for tenants who are suffering extreme hardship.
Tenants do not always leave a property by the date given in an order for possession. In this case landlords can ask the court for a 'warrant for possession'. The service currently costs £121.
Tenants will get an eviction notice when a court issues a warrant for possession. The warrant states a date by when the tenants must leave a property.
Some tenants still fail to leave the property even after the issue of a warrant. In this case you should fill in a separate form to arrange for bailiffs to evict the tenants. The special form is a 'Request for Warrant of possession of Land (N325)'.
There is a way you can speed up the landlord eviction process in England and Wales. You can apply to have the warrant transferred from the county court to the High Court. In this case a High Court Enforcement Officer carries out the tenant eviction.
Note: You must be claiming over £600 (including court costs) to transfer your case to the High Court.
At a new hearing, tenants can ask a judge to 'suspend or delay' the warrant for possession. The judge can choose to delay the eviction in some cases. Besides delaying tenant eviction judges can also let your tenants stay in your property. But, tenants must show they can start making rent payments again.
In some cases the circumstances of a tenant may change. That means they can ask a judge at a new hearing to change the amount they pay. It is best to find legal advice if your tenant wants to change payments.
It is a crime for private landlords to harass their tenants. Your landlord cannot force you out of a property without following the proper procedures. Tenants may have the right to claim damages in court if you fail to follow the rules for evicting tenants.
Harassment by a landlord can include things they do or things they fail to do. As a rule, a landlord could be harassing a tenant if they feel unsafe in the property or they feel forced to leave.
It is illegal for a landlord to harass a tenant because of their race, gender, or sexuality. Private landlord harassment can also include disruptive behaviour such as:
Entering your home without your full permission means your landlord could be guilty of harassment. The same applies if they send builders into your room at unsocial hours or without advance notice. An exception could be for emergency repairs.
A private landlord may be guilty of breaching illegal eviction legislation if they:
Legal Process for Evicting Tenants in England and Wales