A guide to safe and legal evictions

Evictions are a complicated, emotionally charged and legally complex part of being a social housing landlord. 

Landlords must follow strict legal procedures to ensure evictions are carried out lawfully.  

The grounds for eviction are specified under the Housing Act 1988 and include several key points: 

• Rent arrears: if a tenant falls behind on rent, you can seek possession. It is crucial to keep detailed records of missed payments and attempts to resolve the issue. 
• Anti-social behaviour: if tenants engage in anti-social activities, you can evict them. Evidence, such as police reports or witness statements, is essential to support these claims. 
• Breach of tenancy agreement: if a tenant violates terms of the tenancy agreement, such as subletting without permission, you can pursue eviction. 
• Property damage: significant damage to the property caused by the tenant may also be grounds for eviction. 

You must also serve the appropriate notice depending on the grounds for eviction, such as a Section 8 or Section 21 notice.  

(A Section 8 notice is used when the tenant has breached the tenancy agreement, while a Section 21 notice is a ‘no-fault’ eviction notice that can be served without the tenant breaching the agreement). 

Following the correct eviction process 

Adhering to the proper eviction process is a vital aspect to ensuring legality and fairness. 

The first step, depending on the grounds for eviction, is to serve either a Section 8 or Section 21 notice.  

Again, you must ensure the notice period complies with the statutory requirements, usually two months for a Section 21 notice. 

If the tenant does not vacate the property – a rare but unfortunate possibility – there are some further steps you can take to maintain compliance and achieve the eviction. 

• Court proceedings: if the tenant does not vacate the property by the notice expiry date, you must apply to the court for a possession order. It is important to provide all necessary documentation, including the tenancy agreement, notices served, and evidence supporting the grounds for eviction. 
• Possession hearing: at the hearing, you must present your case, and the tenant has the right to defend. The court will consider the evidence and decide whether to grant a possession order. 
• Enforcement of possession order: if the court grants possession, but the tenant still refuses to leave, you must apply for a warrant of possession. This authorises bailiffs to evict the tenant from the property. 

Throughout the process, it’s important that you maintain open communication with your tenants, seeking to resolve issues amicably where possible.  

Documenting all interactions and efforts to mitigate disputes is also highly advantageous if the matter does proceeds to court. 

Ensuring tenant welfare and your compliance 

As a social housing landlord, you have a duty to ensure the welfare of your tenants and comply with legal obligations.  

You should assist tenants in finding alternative housing options where possible. This demonstrates your commitment to tenant welfare and can ease the transition for tenants facing eviction.  

Pay special attention to vulnerable tenants, such as the elderly, disabled, or those with young children.  

Ensuring these tenants have access to support services and alternative housing can mitigate negative impacts to your portfolio. 

In essence, you need to adhere to all legal requirements, including providing tenants with the ‘How to rent’ guide and protecting deposits in a government-approved scheme.  

Remember, non-compliance can result in delays or invalidation of the eviction process and potentially lead to further legal scrutiny.  

For further information and advice on the subject of evictions, please contact a member of our team.