Evicting a tenant that is unwilling to cooperate can be a pain in the butt. You might be tempted to barge in and reclaim your property, but your actions might end yourself in court instead. Eviction should be done in a legally right way, even when the process is very hard. 

In normal situations, the landlord can settle the matter with the tenant in private. However, in situations where tenants are not cooperating, you should get yourself an eviction lawyer to assist and advice you in that situation. Get yourself a reputable lawyer such as SJV Solicitors to ensure the situation is handled legally. 

Hand The Notice To Your Tenants

Your first step should always be handing a notice. Notices can have a length of 2 weeks to 2 months. There are 2 types of notices, either a Section 21 notice or a Section 8 notice. Here are the differences between the two:

Section 21

Section 21 notice can be handed to your tenants if you would like to retrieve your property back after the end of a fixed tenancy agreement. Fixed terms are tenancies that run for a pre-agreed amount of time.

Section 21 notices are handed out to tenants that have not broken any agreement in the process that requires them to be evicted, but rather it’s because they are reaching the end of the term. The notice allows you to get your possessions back when the term ends.

Section 8

You can hand out a Section 8 notice if the tenant has broken the rules or agreement in the contract.

First, you’ll need to fill up Form 3 (Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy form). List out the terms that the tenant has breached and provide 14 days to 60 days’ notice. 

You are able to serve both Section 8 and 21 notices together and you are able to apply for a possession order if the tenant does not respond after receiving the notice and does not leave, which is the second step of eviction.

Possession Order

In the event of tenants ignoring your notice, you’ll need to apply for a possession order. To apply, you’ll need to head to court to apply for a Standard Possession Order. You’ll then be directed to your local county court and fill up the N5 and N119 forms. 

N5 forms are possession forms while N119 are the details of the claims for possession.

The total time needed in this process can take up to 6 weeks on top of the initial notice time. Once the order for possession expires, you can inform the county court to evict the tenant for you. 

Want to evict your tenants quicker? If you’re claiming for more than £600, you’ll be able to transfer your case to the high court and they will assist you in evicting your tenant.

Things To Not Do During The Eviction Process

It is understandable to feel angry and emotional when the other party does not hold up to the end of the deal. However, remember to not do anything impulsive that might damage your case. 

Do Not Change The Locks

If you change the locks without the tenant’s permission, they will be able to charge you on the grounds of criminal offense. The last thing you want is to end up in prison just to get your own property back. 

Cutting electricity And Water

You might be thinking – “If they are not holding up to their end of the agreement, why should I?”. Unfortunately, you have legal obligations as a landlord to provide your tenants with basic utilities. Failing to do so will result in criminal action.

Conclusion

In conclusion, evicting a tenant is a tricky matter as you might get yourself into trouble as well with careless actions. We highly recommend getting experts to handle the situation for you, as they will prevent you from having any legal complications when evicting your tenant.