What are the most common reasons for evicting tenants
When it comes to the eviction of tenants, several common reasons often prompt landlords to take such action
The most common reasons for evicting a tenant are:
a rent arrears build up with no signs of the deficit being made up
persistent delay in paying rent
anti social behaviour which is annoying other residents
damage to the property
the landlord wants to sell or live in the property
Evicting tenants and ending an assured shorthold tenancy is often a fraught process for landlords, but the costs can be especially high if mistakes are made.
Keeping up with changes in legislation has never been more critical, as failure to comply can impact a landlord’s ability to evict a tenant when things go wrong – it is a criminal offence for a landlord to evict a tenant without following the correct legal procedure.
So what steps should you take to make sure you’re following the correct eviction process?
In the vast majority of cases, the contract between a landlord and tenant takes the form of a tenancy agreement, and the most common tenancy agreements for lettings in England are for Assured Shorthold Tenancies (ASTs).
ASTs can be terminated principally by reliance on the grounds for eviction laid out in a Section 21 notice or a Section 8 notice covered by the Housing Act 1988 as amended. Some of these grounds are mandatory (the court must agree to them) and others are discretionary, where the judge decides the outcome.
Both Section 21 and Section 8 notices are used to serve notice on a tenant, however they are very different, and it is vitally important that the correct notice is served to avoid delay and expense.
As a landlord or agent it’s important you familiarise yourself with the Section 21 and Section 8 rules, as well as tenancy agreements, and how you go about ending a tenancy.
The Government has produced a free model tenancy agreement with guidance available to download.
Having a written tenancy agreement in place and signed makes sure all rights and responsibilities are clearly agreed between the parties.
Clauses in the agreement must be reasonable and lawful otherwise they won’t stand up in court. Some terms are prescribed by law, while others are implied by the actions of the parties, but having a clear and legally compliant agreement means that disputes can be resolved more easily.
You also need to show that an AST existed and when it started if you want to use the accelerated Section 21 notice eviction process, and this is not possible without a written and signed tenancy agreement.
An assured shorthold tenancy can be either fixed term or periodic:
Fixed term: the agreement lasts for a fixed length of time and has an end date.
Periodic: the agreement rolls on indefinitely, usually monthly, with rent paid at fixed intervals throughout.
Whether your tenant is on a fixed term or periodic AST it is important when it comes to the process of eviction to know when to serve notice, what notice to serve and how long the notice period is.
Non-payment of rent
Breach of tenancy agreement
Property damage
Selling up or existing the sector
