No reputable landlord would wish to evict a tenant without due cause. In the event of rent arrears, particularly in today’s economic climate, landlords will normally work with their tenants to arrange an affordable repayment plan. However, sometimes, even the most reasonable landlord must start eviction proceedings.
According to homeless charity Shelter, around 14,000 renters are currently facing eviction in the UK. This can be for various reasons, but the law stipulates there must be “reasonable” grounds for evicting a tenant.
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What are the main causes of eviction?
The main causes of eviction are non-payment of rent and anti-social behaviour. If your tenant owes rent, but gets housing benefit, including through Universal Credit or Housing Benefit from the local council, you may choose to have the rent paid directly to you, rather than going for eviction.
Payments that go directly to the landlord from the Department of Work and Pensions or the local council are deemed to be “managed payments”. This can also include monthly payments off the arrears. Some landlords choose this route if the tenants are generally good, but have simply fallen on hard times through job loss or other circumstances.
There are different types of anti-social behaviour, including damaging your property. It’s the tenants’ responsibility to repair any damage that they or their guests have caused to your property or furniture through their negligence. Normal wear and tear, over a period of time, is not down to the tenant.
However, if the tenants have damaged your property, fixtures and fittings, either deliberately, or due to negligence, they must resolve the resulting financial issues. If they don’t pay for the damage, or replace the furniture, they could lose their deposit and potentially face eviction.
Using the home for illegal purposes is another cause for eviction, such as if the tenants are found guilty of drug-dealing from your property, for example. If the situation is beyond salvation and eviction is the only option, you must know your rights as a landlord, or take legal advice if you’re unsure where you stand.
How do landlords start eviction proceedings?
It can be a complex procedure when it comes to property evictions, but landlords have certain rights to ensure errant tenants don’t cause them further problems. Most tenants have an assured shorthold tenancy.
If you want your property back after a fixed term tenancy ends, give your tenants a Section 21 notice. If they have broken the terms of their tenancy before it’s due to end, give them a Section 8 notice if you wish to evict them. This will stipulate the date you wish them to leave.
You will need to apply to the courts for a standard possession order if your tenants don’t leave by the specified date and they owe you rent. If you’re not claiming for unpaid rent, you can apply to the courts for an accelerated possession order.
If granted and the tenants still don’t leave, you will need to apply for a warrant for possession. This means you will need bailiffs to remove the tenants from your property.
How can a landlord deal with damaged furniture?
As a landlord, you can charge tenants for damage and negligence to your property and furniture, in the case of furnished accommodation. You may be able to hold onto their tenancy deposit if this covers the amount of damage, or you could go through the small claims court.
You’ll need evidence of the amount and cost of damage and your claim must be deemed “reasonable” by the courts. It’s advisable for landlords to take out contents insurance, as well as building insurance, to protect themselves from the costs of replacing damaged furniture, appliances and soft furnishings.
A standard insurance policy for a residential property is not applicable for a property occupied by tenants. You will need to take out specific landlord’s insurance. Before trying to claim any money from the tenancy deposit, the landlord has to distinguish between natural wear and tear and signs of neglect or damage by the tenants.
Are there any upcoming changes to evictions?
During the Covid pandemic, the eviction laws in the UK changed. The Coronavirus Act 2020 banned housing evictions between 26th March 2020 and 31st May 2021. From 1st June 2021 until 30th September 2021, extended notice periods of at least four months were introduced, except in serious cases of anti-social behaviour or excessive rent arrears.
Notice periods returned to pre-pandemic requirements from 1st October 2021. The minimum notice period is two months under a Section 21 notice. Under a Section 8 notice, the minimum notice period depends on the landlord’s grounds for eviction.
In Wales, from 15th July 2022, the notice period has been increased from two to six months. There’s also added protection for tenants in Wales, as the landlord can’t serve an eviction notice until six months have passed since the beginning of the tenancy.
In Scotland, landlords and tenants are still subject to the Coronavirus (Scotland) Act 2020. This means the grounds for possession are still discretionary until 30th September 2022. Any eviction notice is based on the First Tier Tribunal’s assessment of whether it is “reasonable”.
In Northern Ireland, the Private Tenancies Act (NI) changed the law in May 22. Landlords must now give tenants four weeks’ notice to quit if they have rented the property for up to ten years. They must give 12 weeks’ notice if the tenants have rented the property for more than ten years.
Further changes to the law have been finalised in a White Paper published on 16th June 2022. So-called “no fault evictions” currently allowed under Section 21, whereby landlords can end tenancies without giving a reason, will be banned.
Landlords will no longer be able to impose a blanket ban on tenants with children or those receiving state benefits. In addition, a new Private Renters’ Ombudsman will be introduced to help settle disputes between private renters and landlords. The aim is to settle differences faster, at a low cost, without the need to go to court.