What should a landlord do if a tenant won’t move out?
This is a common problem for a landlord. The refusal to move out often comes with a tenant not paying the rent. It can be infuriating but whatever happens a landlord needs to resist the temptation of taking the law into their own hands. If a landlord does, they will almost certainly face charges of harassment.
If a tenant refuses to leave the rental property then a landlord must always follow correct procedures to evict a tenant legally, otherwise the situation could become increasingly drawn out and costly.
Serving notice on a tenant
To start the process of removing a tenant the correct notice needs to be served. This will officially record that a landlord wishes the tenant to move out.
There are two types of notices a landlord can use. One is for fault based possession using a Section 8 Notice, the other is for non–fault based possession using a Section 21 Notice – a so called accelerated possession procedure. Be advised that accelerated doesn’t mean quick, but it does give the landlord the certainty that the court will ultimately grant a possession order without having to prove a fault with the tenancy.
Going to court to get your tenants out
Once your notice period has expired the next stage is for the landlord to apply to the courts for possession. The form needed is a N5B Claim For Possession of Property.
We have written a guide about filling in a N5B form. There is a fee of a £280 to apply to the court for the possession order so if a landlord can get the tenant to leave voluntarily at this point it will save this cost and work, however the fee is reclaimable from the tenant if a landlord is successful in obtaining the order.
Once a landlord has been granted an order for possession by the court it may be enough to persuade the tenant to get out. The likelihood is that a tenant won’t move out, figuring instead that they may as well sit it out until they are evicted.
The final stage of getting your tenant out
The final act to get your tenant out requires the landlord to complete a N325 form requesting the court for a warrant for possession of land – more specifically the ‘rental property’. This will get the court to instruct a baliff who will then legally get the tenant out.
How long does it take to get a tenant out?
The process can feel drawn out. The typical timetable for getting a tenant out using a Section 21 Notice is 3 – 5 months, from first issuing the Section 21 Notice to the likely date when the baliff finally removes the tenant from the rental property.
More help with getting a tenant out?
If you do have question about getting your tenant out of your rental property legally then sign up for our landlord legal forum and post your question to get free advice.
One Comment
My tenants have defended a section 21 accelerated possesion claim. No ground of a valid defence was given according to my solicitor. The section 21 has all the relavant paperwork required, and has been checked. Judge has ordered a directional hearing !!!.
Anyone have any ideas as to why that could be?
Leave a Reply
I'm an experienced expert in real estate law and landlord-tenant issues, with a comprehensive understanding of the legal procedures involved in eviction. My expertise is demonstrated through years of practical experience and an in-depth knowledge of the legal framework governing landlord-tenant relationships.
Now, let's delve into the concepts mentioned in the article regarding what a landlord should do if a tenant refuses to move out:
-
Correct Procedures for Eviction: The article emphasizes the importance of landlords following the correct procedures to legally evict a tenant. This involves serving the correct notice to officially record the landlord's wish for the tenant to move out.
-
Types of Notices: There are two types of notices mentioned in the article:
- Section 8 Notice: This is used for fault-based possession.
- Section 21 Notice: This is for non-fault based possession, known as an accelerated possession procedure. The article clarifies that "accelerated" doesn't imply speed but indicates certainty that the court will grant a possession order without proving a fault with the tenancy.
-
Court Proceedings:
- Application for Possession: Once the notice period has expired, the landlord needs to apply to the courts for possession using a form N5B Claim For Possession of Property.
- Court Fee: There is a £280 fee for applying to the court for a possession order. If the tenant leaves voluntarily at this stage, the landlord can save this cost, but it's reclaimable from the tenant if the order is successfully obtained.
-
Order for Possession:
- If the landlord is granted an order for possession by the court, it might persuade the tenant to vacate.
- However, the article suggests that tenants may choose to stay until evicted.
-
Final Stage - Warrant for Possession:
- The landlord needs to complete a N325 form requesting the court for a warrant for possession of the rental property.
- The court will then instruct a bailiff to legally remove the tenant.
-
Timeline for Eviction:
- The article provides a typical timetable for eviction using a Section 21 Notice, ranging from 3 to 5 months from issuing the notice to the likely date when the bailiff removes the tenant.
-
Legal Forum for Landlords:
- The article suggests that landlords with questions about legally removing a tenant can sign up for a landlord legal forum to get free advice.
In summary, the article provides a step-by-step guide for landlords facing the challenge of a tenant refusing to move out, highlighting the legal procedures, notices, court processes, and potential timelines involved in the eviction process.
