How Long Before Landlords can
Start the Eviction Process

Unfortunately the law does not always appear helpful for landlords who are experiencing problems with their tenants, and depending on the type of tenancy and the type of problems you are experiencing may dictate how long it will take to legally evict the tenants.

However here at Evictions SouthEast we will try to explain the process for the various most common situations, and you are of course very welcome to contact us for an individual case review in which we will give you some free initial advice so you can be more clear on the time scales required to evict your tenant(s).

How long to evict a tenant after a fixed term contract ends

If your tenancy agreement was based on a fixed-term arrangement, which has now come to an end - for example a 6 or 12 month AST, and your tenant is now refusing to leave the property you are likely to be able to apply for a fast 14 day possession order, you can request a free case review to get started, or for more information about accelerate possession please click here.

Evicting a tenant due to rent arrears

There is much confusion with regards to mandatory evictions for rental arrears. The law states the tenant must be 8 weeks (if rent it paid weekly) OR 2 months (if the tenant is paying monthly) this means that for tenants paying monthly they are 2 months in arrears as soon as the 2nd payment is missed - for example 1 month and 1 day. Landlords do not need to wait until the end of the 2nd month before they can start eviction proceedings based on mandatory eviction grounds. However, this is a grey area in practice, so if you do wish to proceed on these grounds please seek professional advice as some judges do not follow this principle.

Evicting tenants with 8 weeks or 61 days+ rental arrears

In the case where the tenant has stopped paying the rent, eg for a mandatory eviction claim, the rent arrears need to be in excess of 8 weeks or 2 months. However tenants adept with the legal workings will often take steps to ensure the arrears are paid off to keep them just outside the 8 week or 2 months period, for this reason Evictions SouthEast build an entire case for possession on more than one factor, so if they are not evicted for rent arrears they might be evicted for frequent late rental payments for example (persistent rent arrears) however we would need to be other aggravating factors.

Mandatory and discretionary grounds for eviction

Mandatory grounds are generally classed as things beyond the landlord or tenants control, where there is no choice but to secure eviction. In this case, the court would have no choice but to grant a possession order. Discretionary grounds refer more to the behaviour of the tenant and the court has an element of choice in deciding whether to evict the tenant or not.

In situations of great hardship, following an eviction on mandatory grounds, then it is possible that the tenancy can delay the actual possession of the property for up to 6 weeks. In both of these grounds for eviction, if the tenant fails to vacate the property then the landlord can seek recourse through the courts.

The fixed-term tenancy agreement comes to an end

If the tenancy agreement is set up on an Assured Shorthold Tenancy (the most common type) then once the period of the tenancy has reached an end, the landlord does not need any grounds to evict the tenant.  The eviction can be done under an accelerated possession order, this is still a court order – however the landlord does not normally have to go before a court.

As long as there has been a notice period given, and if the tenant does not leave, then the landlord can apply to the court for a possession order.

If you plan on evicting you tenants at the end of a fixed term contract, it is wise to serve a section 21 notice prior to the end of the agreement giving them 2 months notice. This will then coincide with the end of the tenancy, so you can immediately proceed with legal action should they fail to vacate the property at that time.

QUICK CONTACT

Evictions SouthEast has a dedicated team of legal personnel ready to help you with your tenancy problems. We offer a free initial case review to give you some helpful information on how best to proceed with the case and what the likely outcome will be. Should you wish to proceed we will take on your case immediately with our transparent 3 step eviction process all based on a fixed fee pricing structure.

Evictions South East have a 100% success rate to date.