Your rights as a landlord – and how you can still evict a tenant

The Renters’ Reform Bill being introduced to Parliament brings an end to “no fault evictions”.

Until now landlords have been able to use Section 21 to evict renters at the end of their tenancy without providing justification, as long as they give them two months’ notice.

Landlords can still use Section 8 to get rid of tenants who wreck the property or stop paying rent. However this involves going to court, which can take months. 

A problem tenant is any landlord’s worst nightmare, costing potentially thousands of pounds in damage or unpaid rent – in the past Telegraph Money has heard of rogue tenants who set up cannabis farms in the loft and others who filled the house with rotting trout.

During the pandemic, the government imposed a ban on evictions. Ever since this was lifted in 2021, there has been a surge in landlord possession claims and evictions, according to the Ministry of Justice. 

Almost 20,000 households were served a Section 21 notice last year, more than double the number in 2021, as landlords rushed to regain control over their properties before Section 21 was scrapped.

If you are faced with a rogue tenant, then here is what you need to know in order to legally evict them, now that Section 21 has been abolished.

Anti-social behaviour

The Government recently revealed an action plan to help landlords crack down on anti-social tenants, although no date for new powers has been decided. 

Currently, landlords can only end a tenancy over anti-social behaviour if there is a conviction. The new proposals would remove the requirement for a conviction, meaning an eviction could be obtained by a landlord on evidence alone.

James Wood, of the National Residential Landlords Association, said anti-social behaviour is notoriously difficult to prove. “Most of the victims will be the immediate neighbours or other tenants, who are understandably scared of providing evidence in court.”

If there are reports of anti-social behaviour, give the other tenants and neighbours a channel to report the information confidentially. Ideally they should keep an evidence log of when and where incidents occur, as this will strengthen your case if it goes to court. 

Reporting the behaviour to the police or local authority could also help here. You should warn the tenant that their behaviour is not acceptable, without identifying the informer. If the behaviour persists, then you will have to serve a possession notice. Read more on these below.

Property damage

Some wear and tear is to be expected over the length of the tenancy. But if the tenant has caused damage to the property, the cost can be deducted from the deposit.

There is a clear difference between natural wear and tear and property damage. Scratches on the wall and appliances that have broken down are examples of natural wear and tear, whereas cigarette burns on a carpet, a broken chair, or an overloaded plug socket constitute damage.

Before renting out the property, it is best to complete an inventory report with the items in the property but also the condition of those items. If deducting costs from the deposit, this must be on a like-for-like basis. You cannot charge a tenant for the cost of a new premium mattress if they damaged a cheap one.

Unpaid rent

There has been a rise in the number of landlords chasing unpaid rent from tenants since the pandemic began. Last year instructions for rent debt recovery services surged by 180pc compared to the previous 12 months, according to Landlord Action, an eviction firm. 

Paul Shamplina, founder of Landlord Action, said that if a tenant stops paying rent, the landlord should get in touch as soon as possible. Hopefully the problem is only temporary and you can compromise. Mr Shamplina said: “A good tenant doesn’t turn rogue overnight.” 

However, if a compromise cannot be reached, and if the rent goes unpaid for more than two months, the landlord can decide to serve a Section 8 notice. This gives the tenant 14 days’ notice to pay. 

If the rent still has not been paid, the landlord would have to apply to the courts for a possession order and a money order.

Mr Wood said: “Alternatively, landlords can apply via Money Claim Online for a judgment for just the arrears if they still want the tenancy to continue.” 

Money Claim Online is an online portal, operated by HM Courts & Tribunal Service, which allows claims to be made for up to £100,000. Mr Shamplina added: “If at this point the tenant still does not pay, the landlord would have to instruct bailiffs.”

If a tenant has been in at least two months’ arrears three times in the previous three years, this is grounds for mandatory eviction.

How to legally evict a tenant

You must give your tenant appropriate notice that you wish for them to leave the property. With Section 21 abolished, you must use Section 8 notice under the Housing Act 1988.

How to use Section 8

Section 8 can be used where the landlord has grounds for eviction including property damage, rent arrears or anti-social behaviour. However, you will need to have evidence to back up your claim if your tenant takes you to court. 

Mr Wood said: “Because of the lack of certainty in this route, most landlords prefer to use Section 21 to deal with cases where the tenant is in arrears or is anti-social.”

You must fill in a “Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy”. On this form you should specify what terms of the tenancy have been breached. You should give between two weeks’ and two months’ notice, depending upon which terms you are relying.

How to make a possession order

If your tenant refuses to leave after receiving notice then you can serve a possession order. This requires you to fill in a Form N5 claim for possession and N119 particulars of claim for possession.

In theory, a landlord should be able to get a bailiff 14 days after they receive a possession order.