When evicting tenants, it is vital that landlords follow the correct procedures to ensure they stay on the right side of the law. If a landlord fails to evict a tenant in a legal manner, they may be unable to recover possession of their property and can even face criminal proceedings.
If you are a landlord and would like advice on how to evict a tenant or have unlawfully evicted a tenant, our expert team of solicitors is here to help. We will provide you with advice on your next steps, helping you throughout the process.
Reasons for evicting a tenant
A landlord does not hold the power to evict a tenant under their discretion and must provide a valid reason for eviction. Reasons for legally evicting a tenant include:
- The tenant hasn’t paid the rent
- The tenant is engaging in anti-social behaviour
- The tenant has damaged the property
- You have a break clause in the tenancy agreement
- The tenant has breached the tenancy agreement
For tailored advice on whether you are permitted to evict your tenant, contact our team today.
How to evict a tenant
In order to legally evict a tenant, you must adhere to the following procedure:
- Provide the tenant with a written notice, typically referred to as a ‘Section 21’, giving them two months to leave
- Take your tenant to court and obtain a leaving order
- Apply to the courts for a bailiff to evict the tenant
At no point is a landlord allowed to physically evict a tenant. This must only be carried out by a court-ordered bailiff.
Consequences of wrongful eviction
Although it can be frustrating to evict a tenant, landlords must not use any of the following tactics to remove the tenant from the property:
- Changing the locks
- Harassing the tenant
- Giving no notice
- Physically removing the tenant or their belongings from the property
If you attempt or are successful in evicting a tenant under illegal circumstances, you may be unable to retain possession or your property and may face criminal proceedings.
Contact us today
If you are seeking advice on how to evict a tenant or want help after a wrongful eviction, call PDA Law today. We will deal with your case in a professional manner, ensuring you are informed throughout your case.