Evictions: what are they and how do they work?

As a property investor there will come a time when you will find yourself forced to evict a tenant due to them breaching a term within their tenancy agreement.

Do you know how evictions work, get yourself fully informed and know your rights.

Now the reasons for this decision may vary: their rent could have fallen into arrears; they have been disruptive to their neighbours or the neighbourhood; they have damaged your rental property or they have been using illegal substances on your premises.

The scenario will vary for each of you, but the protocol for evicting them will remain the same.

It is just a question of doing it successfully, without encountering any obstacles.

You see, evicting a tenant is more complicated than just sending them their notice though the post. No. There are certain protocols you need to follow to ensure it all runs smoothly.

Now before you start panicking, don’t worry. The process itself if followed correctly is fairly straight forward, as we’ll explain.

STEP ONE: Reason for eviction

You cannot evict a tenant for evicting them. It may feel tempting at times, but you have to remember that your tenants have rights too, so unless there is a legitimate reason for you doing so, their eviction can fall flat.

The most common reason for evictions are usually down to tenants failing to meet the terms put down in their tenancy agreement. And these grounds can easily also be found in the Section 8 form you will have to fill out in order to begin the process.

So take a look at the list, and make sure your reasons are credible. If they fall under any of them, you will have the grounds to evict them.

STEP TWO: Giving Notice

In most cases you will have to give them at least 2 months notice, but one thing you will need to remember is that this notice period will not begin until your tenant receives it.

For this reason we recommend you check the length your tenant has got left to complete their tenancy. If for example they have got only a month left, sending them this notice could prove to be a big mistake. Why? Because of what we said before – notices are 2 months in length, so if they have got less than that on their agreement, your notice will enable to actually stay in your property longer (Check Section 21 for more details).

Similarly your choice of how you give them notice can affect the length.

By handing it to them in person, you can make it immediate, whereas if you opt for post this will lengthen its starting period.

Now if you do opt to give it to them in person, make sure you have got a witness. Someone who can verify that it took place on that set date.

By doing so your tenant cannot seek to claim that you gave it to them at a later date or even try to make out you never gave it to them at all.

STEP THREE: Documentation

Throughout this entire process, from the moment they starting breaching their contract, to your first warning, to your appearance in court (should they refuse to leave), it is important to keep a written record of all your correspondence.

Now we don’t mean making a note in your diary on what you did when, we mean keeping real records. For example: written warnings; using rent arrears reminder forms and giving them written notice.

Have a written record, and you will have the means to improving your case and providing the court with proof that you did everything correctly.

So avoid doing anything verbal, even reminding them about their overdue rent. If a tenant ever falls into the eviction category, all these documents will work in you favour.

And that is it. By trying to bear all these points in mind, should you ever have to evict a tenant, you will already have everything you need to help make things run much more smoothly.