Eviction Process

1. I hope you never have to evict a tenant (I’ve only had to do it twice in over 13 years of property investing), but if you do need to, here is the process to follow:

The first step a landlord will take to evict a tenant is to provide written notice to the tenant. Under British law there are three main avenues for the eviction of tenants. A landlord may serve a Section 21 Fixed Term Tenancy And Section 21 Periodic Tenancy both are Two Month Notice To End Tenancy or a section 8 eviction notice.
Section 21 notice the courts must give you a possession order if the tenant has not left the property as long as you have followed the correct procedures.
A Section 8 Notice is used in situations where your tenant is behind in their rent payment by at least 2 months. Once you serve the section 8 notice your tenant has up to 14 days to pay or leave your property.
If Your tenant dos not pay you can ask the courts for a possession order and a money order but your tenant has a right to a court appearance which takes six to eight weeks.
The judge at the section 8 hearing has several options.
Strike out the landlord’s claim by stating that the landlord did not follow proper procedure. This is a very rare situation in British courts.
Adjourn the hearing to a later date. This is to give either party more time to prepare for their case.
Adjourn the hearing on a condition such as that the tenant pay rent and follow the landlord’s conditions.
Require a suspended possession where the tenant may stay in the home as long as he follows the rules of the lease. If the rules of the lease are not followed the tenant may be evicted without another hearing.
Pass down a section 8 possession order to take place immediately.
Make a judgement based on money that will have to be paid to the landlord.
Possession orders and money orders can be handed down by the judge at the same time. The money order will affect the tenant’s credit rating. If the tenant has not left by the time stated in the possession order he will be evicted by the bailiffs. A letter will be sent by the court stating when the bailiffs will arrive. The eviction by a bailiff is the last resort and is not the preferred method of eviction by any landlord.

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