Eviction Process in the UK: A Comprehensive Guide for Landlords and Social Housing Associations in 2024

Understanding UK Evictions

No one wants to evict a tenant, but sometimes it's unavoidable, perhaps due to repeated incidents of unpaid rent or antisocial behaviour. 

The eviction process is complex and getting it wrong can lead to serious legal problems, such as fines or legal action against you. 

This guide breaks down everything you need to know about evicting tenants in 2024 so you can do it the right way and avoid any problems. 

It takes you through the eviction process step by step to ensure you understand each part of the journey from start to finish.

Step One: Understand the Tenancy Agreement

The tenancy agreement type greatly affects how landlords and housing associations can evict tenants. It's important to understand the four main types of agreements.

Secure tenancies 

Secure tenancies or fixed-term agreements provide residents with strong rights and make eviction challenging for landlords. 

These tenancies can only be terminated through a court order if specific legal grounds are met, such as rent arrears or antisocial behaviour, which require issuing a Section 8 notice.

Assured tenancies 

Assured tenancies are ongoing rental agreements without a fixed end date. Landlords can only evict assured tenants for specific reasons stated in Section 8 of the Housing Act, such as unpaid rent or damage to the property.

The notice period for a Section 8 notice can vary depending on the grounds for seeking possession. In most cases, it ranges from two weeks to two months.

Introductory and starter tenancies

Introductory or starter tenancies typically last for a trial period, often around 12 months. After this, the resident is usually moved on to a secured or assured tenancy, respectively.

Introductory tenancies provide limited security because landlords and housing associations can more easily evict tenants through a Section 8 notice for breaches such as antisocial behaviour or rent arrears.

Starter tenancies are a type of assured shorthold tenancy (AST) but with a reduced security period similar to an introductory tenancy.

Landlords and housing associations can use a Section 21 notice to evict starter tenants during this initial period. The tenant does not necessarily need to have broken the terms of their tenancy for a Section 21 to be used.

Step Two: Issue a Notice 

Starting the eviction process in UK social housing requires giving the tenant a "notice seeking possession." 

The notice must legally specify the reasons for potential eviction, like unpaid rent or antisocial behaviour.

Once a notice seeking possession is served, it remains valid for one year. 

This means the housing association does not need to issue a new notice within this timeframe if it decides to proceed with the eviction. 

This validity period gives the housing association time to navigate the legal proceedings that follow the notice.

Notice periods are designed to give tenants fair warning and sufficient time to rectify the situation or seek advice. 

However, when antisocial behaviour is involved the urgency to resolve the issue promptly for the community's safety and wellbeing takes precedence, allowing for a faster eviction process.

For serious antisocial behaviour, the notice period is just a few days instead of the usual two weeks to two months. 

It's vital for landlords to know and use these rules to legally speed up evictions when needed.

Step Three: Legal Proceedings and Court Documents

In the eviction process, after serving the notice seeking possession, the next step is to file court documents. This involves completing and submitting two key forms: the N5 claim form and the N119 form.

N5 Claim Form

The N5 claim form is a legal document used to initiate the process of property possession in court. 

It outlines the landlord's intention to reclaim possession of the property and must detail the grounds for eviction, such as rent arrears or breach of tenancy terms. 

The form requires specific information about the property, the tenants, and the basis of the claim for possession. 

N119 Possession Form 

The N119 form, also known as the 'Particulars of Claim for Possession', complements the N5 claim form. 

It provides a detailed account of the circumstances leading to the eviction claim, including dates, events, and evidence of any breach of the tenancy agreement. 

This form allows the housing association to present a clear and detailed case to the court, supporting the reasons listed in the N5 form.

Step Four: The Court Hearing

This is where the housing association explains to a judge why they want to evict the resident.

They must provide evidence that they followed the correct legal steps, like serving proper notices.

The resident also gets a chance to present their case to the judge.

After hearing from both sides, the court can make different types of orders:

⚖️ Suspended possession order 

The resident can stay in the property if they meet certain conditions set by the court, such as paying any rent arrears by a deadline. It gives the resident one last chance to put things right.

⚖️ Outright possession order

The resident must leave the property by a date set by the court. If the resident does not leave by that date, court bailiffs may be sent to evict them. Outright orders are made when the reasons for eviction are very serious.

⚖️ Accelerated possession order 

Accelerated orders provide a quicker way to evict tenants without a full court hearing. 

Accelerated possession orders are specifically linked to Section 21 notices, not Section 8. 

Section 21 notices are used for no-fault evictions after a fixed-term tenancy ends or during a periodic tenancy, without needing to prove any wrongdoing by the tenant.

Landlords and housing associations can apply for an accelerated possession order in two main situations:

1. When the fixed term of an assured shorthold tenancy has expired, and proper notice has been served to the tenant in accordance with Section 21 of the Housing Act 1988.

2. When the property was specifically let to an employee and the assured shorthold tenancy has ended because their employment has terminated.
   
   

The Section 21 notice should give tenants at least two months to leave after the notice is served. It must meet legal standards in timing, format, and content to inform the tenant properly about the eviction.

The application is made through the county court by submitting Form N5B. If the judge is satisfied that the correct protocols were followed, they can grant the accelerated possession order without the need for a court hearing.

Once obtained, an accelerated possession order gives landlords and housing associations the legal right to repossess the property after a specified date, typically 14 days from the order being issued. 

If the tenant doesn't leave by the specified date, the housing association can apply for a warrant for bailiffs to perform the eviction. 

Step Five: Compliance with Court Orders

After the court hearing, the focus shifts to ensuring the resident adheres to the court's ruling. 

Compliance with the court order is paramount, and landlords and housing associations must be prepared to take appropriate action if the resident fails to comply.

This may involve applying for a warrant for bailiffs to carry out the eviction.

Leaving the property by the possession date

In cases where the court issues an outright possession order, the resident is legally obligated to vacate the property by the specified possession date. 

Non-compliance with an outright possession order can result in severe consequences such as:

• Involvement of bailiffs for eviction. 

• Additional financial penalties issued by the court. 

• Damage to credit status and any future references.

• Potential contempt of court charges. 

Landlords must clearly communicate the possession date to the resident and provide any necessary support or guidance to facilitate their timely departure from the premises.

Adhering to suspended order conditions

Alternatively, if the court grants a suspended possession order, the resident is given a final opportunity to rectify the situation by meeting the conditions set by the court. These conditions may include: 

• Paying outstanding rent arrears.

• Addressing antisocial behaviour.

• Adhering to certain tenancy terms within a specified timeframe.

If the resident successfully complies with the suspended order's conditions, they can legally remain in the property and the possession order will not be enforced.

Involving court-appointed bailiffs

If the resident fails to leave the property by the possession date or breaches the conditions of a suspended possession order, landlords and housing associations may have no choice but to involve court-appointed bailiffs to carry out the eviction.

If a tenant fails to leave the property at the specified date in the possession order, the landlord or housing association can apply for a warrant. The court will then issue a warrant number, which authorises the use of court-appointed bailiffs to evict the tenant.

Practical Tips for a Smooth Eviction Process

While evictions are sometimes necessary, landlords and housing associations must exercise caution and adhere to strict protocols to avoid legal repercussions. Improper evictions can lead to issues, such as:

• Invalidated evictions. 

• Violation of tenant rights.

• Legal costs.

• Damage to reputation. 

• Penalties and fines. 

• Delays in regaining possession of the property.

Here are some essential tips for a smooth and lawful eviction process:

Meet regulations and follow procedures 

Courts tend to favour tenants' rights, so it’s best to follow all relevant regulations, notice requirements and legal procedures to the letter. Even minor oversights can jeopardise your case.

Don't change the locks: 

Never change the locks on a rental property before the legal eviction process is complete. This is considered an illegal eviction and can result in legal fines, compensation claims from tenants, and damage to your reputation.

Don't remove belongings: 

Removing a tenant's belongings from the property without their consent or a court order is unlawful. Respect the tenant's right to their possessions until the eviction is finalised.

Don't disconnect utilities: 

Cutting off utilities like water, electricity or gas would also be considered an illegal eviction, even if rent is unpaid. This can result in the landlord facing legal fines, penalties and compensation claims from tenants.

Serve proper notice: 

Ensure you serve the appropriate notice, whether it’s a Section 8 or Section 21 notice, following the correct procedures and timeframes outlined in the relevant legislation.

Maintain documentation 

Keep detailed records of all communication, notices served, rent payments, and any incidents or breaches of the tenancy agreement to support your case in court.

Enhancing Tenant Management with EVO

While evictions are sometimes unavoidable, the goal for housing associations should be to address issues before they escalate. 

When tenants feel respected and their needs are promptly addressed, they're more likely to care for their home. EVO's digital solution bridges this gap - fostering positive landlord-tenant relationships through efficient repairs and maintenance.

Here’s a summary of how EVO works:

✅We provide all residents with a mobile phone app to report issues, choose convenient time slots, and securely arrange access for tradespeople. 

✅It automatically assigns the next available qualified tradesperson and provides them with all property details and job history needed to work efficiently. 

✅After completing the job, tradespeople send images for approval, ensuring high standards.

By prioritising open communication, prompt issue resolution, and a commitment to providing quality housing, housing associations can cultivate a sense of community and mutual respect, fostering long-term, positive relationships with their residents.

Get in touch with EVO today to enhance your tenant management and strengthen your community ties.