- Your tenant has to be in arrears by at least 2 months before you can serve notice.
- If you want your property back after a tenancy, you need to serve notice 2 months before it ends.
- To evict your tenants, you must serve either a Section 8 or Section 21 notice.
You want the property back
The most straight-forward ground for eviction is simply that you want the property back when the tenancy has ended. To do this, you must serve a Section 21 notice (“notice to quit”) two months before the end of the tenancy agreement. You can also serve the Section 21 notice if tenants are on a periodic tenancy. Tenants automatically roll onto a periodic tenancy agreement if they stay in the property beyond the duration of the current tenancy, without signing a new agreement. If they are on a periodic tenancy agreement – you can serve the 2 months notice at any time.
You want to renovate the property
If you need to renovate the property during the tenancy then you need to serve the Section 8 notice instead of the section 21. In this case it has to be proved that the tenants have to leave for the work to be carried. If this is proved, the section 8 notice will be granted — however, you will have to pay for the tenants' removal costs.
The most common event that causes landlords to evict their tenants is rent arrears. However, if you are thinking of evicting your tenants because they have fallen behind with the rent – they need to be in arrears by two months. If your tenants are behind with their rent you need to serve them with a Section 8 notice. If the paperwork is correct, the tenant cannot prevent you from obtaining a possession order. However, if the tenant is persistently late in paying the rent, then you can serve the section 8 notice. But in this case it will be at the discretion of the court.
Damage to the property
During most tenancies there will be an element of wear and tear, and you have to be prepared for this. However, damage to the property can sometimes go beyond simply wear and tear and cause damage to the interior or in rare cases structural damage to the property. If this is the case, then you can serve a Section 8 notice.
Ownership of the property
You can serve a section 8 notice if you need the property as your main residential home. This is only applicable if you have resided in the property prior to renting it out.
If you are in mortgage arrears, then the lender/building society may want to seize the property as an asset to sell: financing the debt to them. In this case you must serve a Section 8 notice.
Other less frequent grounds…
a) Your tenant has been convicted of an offence in the local area – Section 8
b) Your tenant has used the property for an illegal/immoral purpose – Section 8
c) There have been complaints from the neighbours related to your tenant – all Section 8
d) Your tenant is a confidence man/woman wanted in Italy for a series of incidents and is now masquerading as Joe Bloggs (false identity/misleading personal information) – Section 8