If you need to recover a residential property from a tenant in the UK who refuses to move out, you’ll generally need to follow a legal process. The exact procedure depends on the type of tenancy and the reasons you have for wanting to recover possession. Here’s an overview of the steps involved:
1. Determine the Type of Tenancy
Most residential tenants in the UK have an Assured Shorthold Tenancy (AST). If this applies to your tenant, the process will generally follow the steps outlined below. If it’s a different type of tenancy, the steps may vary slightly.
2. Serve Notice
You’ll need to serve the correct type of notice to end the tenancy. There are two main types:
– Section 21 Notice (No-Fault Eviction):
– Can be used if you simply want to regain possession of your property without needing to give a reason.
– It can only be used if the tenancy is at or past the end of the fixed term.
– You must give at least 2 months’ notice to the tenant. However, in some cases, this may be longer depending on local laws or COVID-19-related provisions.
– Section 8 Notice (Fault-Based Eviction):
– Used if the tenant has breached the terms of the tenancy, such as not paying rent.
– The notice period can vary depending on the grounds you use for eviction (e.g., rent arrears, antisocial behaviour).
– The notice period can range from 2 weeks to 2 months, depending on the reason.
3. Court Proceedings
If the tenant does not leave by the end of the notice period, you will need to apply to the court for a possession order:
– If you’re using a Section 21 notice, you can apply for accelerated possession (which is quicker because there’s usually no need for a court hearing).
– For a Section 8 notice, a hearing will generally be required where you need to prove the grounds for eviction.
4. Possession Order
If the court grants you a possession order, the tenant will be given a date by which they must leave the property. If they still don’t leave by this date, you can take the next step.
5. Enforcement by Bailiffs
If the tenant refuses to leave even after a possession order, you may need to apply for a warrant of possession. This allows county court bailiffs (or High Court Enforcement Officers if you escalate the case) to evict the tenant.
Additional Considerations:
- Deposit Protection: If you didn’t protect the tenant’s deposit in an approved scheme and provide prescribed information, you won’t be able to serve a valid Section 21 notice.
- Tenant Rights: Tenants may be able to challenge your eviction attempt if there are errors in the notice, or if they believe the eviction is retaliatory (for example, if they’ve asked for repairs).
Legal Support
It’s important to seek legal advice and use a solicitor, as the process is riddled with mantraps to catch out the unwary and an experienced landlord and tenant solicitor will be able to make sure you don’t fall into these and you get your property back easily and painlessly.
Contact Terry Maylin at TM Law Limited if you need more details!
The post The best way to recover your residential property from tenants who won’t leave appeared first on TM Law Solicitors.
Share this:
This blog post was originally featured on this members own blog.