Gold Membership

Ways to Evict a Tenant

Hattons Solicitors understand that being a landlord can some times be stressful when facing difficult tenants.

Read our brief overview of the most common ways to evict a difficult tenant below:

The Section 8 Route

If the tenant has rent arrears, the landlord can rely on one or a combination of statutory grounds:

• Ground 8: that the tenant owed at least two months' rent (in the case of a monthly tenancy) both when the landlord served notice that possession was sought and still owes two months' rent at the date of the Court hearing;
• Ground 10: that the tenant was behind with their rent when the landlord that possession was required and when Court proceedings were began;
• Ground 11: even if the tenant was not behind with his rent when the landlord started possession proceedings, they were persistently behind with their rent.

Ground 8 is a mandatory ground and the Court must grant possession is proven. However, if the level of rent of arrears is reduced to below two months' rent (in the case of monthly tenancy) then the ground will fail, hence why a combination is grounds is advisable.

The procedure entails serving the required notice allowing no less than two weeks to remedy the arrears. Should the tenant fail to do so then the landlord is entitled to begin possession proceedings.

The Section 21 Route

If the tenancy is an Assured Shorthold Tenancy and the landlord requires possession at the end of the tenancy then the Section 21 Route should be taken.

In contrast to the Section 8 Route, this procedure is simpler although two months' notice is required to be given by the landlord before possession proceedings can be taken.

Fixed Fee Service

Hattons Commercial offers a simple fixed fee service to landlords to complete the eviction process on their behalf:

• Serving the Section 8 or 21 Notice - £100.00 plus VAT;
• Instigating Possession Proceedings - £400.00 plus VAT and Court/Bailiff fees.

All we require from the landlord is a copy of the Assured Shorthold Tenancy and a schedule of any outstanding rent arrears.

Should you require any further information in relation to our landlord law services then please contact Andrew Bailey on 08000 111 303, email andrew.bailey@hattonslaw.com or alternatively fill in the Call Back Request form to the right of this screen.

News & Events