No landlord wants to be in a position where they need to evict a tenant, but it is sometimes regrettably unavoidable. There are a multitude of reasons as to why you may need to evict your tenant, ranging from simply wanting to take possession of your property as you wish to sell it to breaches of the tenancy.
When evicting a tenant, it is vital that the landlord follows correct legal procedures and in the right order. You may be guilty of harassing or illegally evicting your tenants if you do not follow the correct procedures.
Firstly, a notice seeking possession either a Notice to Quit, a section 21 or a section 8 notice, depending upon the type of tenancy should be served on the tenant which includes the reason for seeking possession.
If your tenants do not leave the property by the date specified on the notice, you must then apply to the court for a possession order. Unless the tenants are occupying the property on a licence, then different rules apply.
If the tenant still refuses to leave your property after the order for possession has expired, you must apply to the court for a warrant for possession. This allows bailiffs to evict your tenants once granted.
When giving your tenants a notice to quit, the amount of time the tenants have to vacate the property is:
At least two months when serving a Section 21 Notice.
14 days when serving a Section 8 Notice.
Reasonable notice if using a Notice to Quit