020 3372 5125 Email us today
Enquire today
The quickest way to evict a Residential Tenant
The quickest way to evict a Residential Tenant

The quickest way to evict a Residential Tenant

There is a specific procedure that landlords must follow in order to legally evict tenants from a property. The specific procedure to follow will depend on the type of tenancy agreement in place and its terms.

The most common type of tenancy agreement is an Assured Shorthold Tenancy agreement which can be sub-categorised into a:

  1. periodic tenancy where the tenancy is either on a weekly or monthly basis without a fixed end date; or
  2. fixed term tenancy where the tenancy is set for a specified term with an end date.

In certain circumstances, some tenants may refuse to leave following the end of an Assured Shorthold Tenancy and although the tenancy has ended, a landlord must still serve the tenants with notice to vacate the property. It is important to note that it can be a criminal offence to evict a tenant without following the legal process of obtaining a possession order as any failure to adhere to the eviction process can be deemed to be harassment or an illegal eviction.

How can I start the eviction process?

To begin the eviction process, a landlord must serve a section 21 notice and/or a section 8 notice under the House Act 1988. A notice is given to a tenant to inform the tenant that he/she must vacate the property by the date stipulated in the notice to allow the landlord to gain possession of the property.

A section 21 notice does not require the landlord to provide reasons for the eviction. However, the notice must be in writing and provide the tenant with a minimum of two months’ notice.

If a tenancy was renewed or began on or after 1 October 2015, a section 21 notice must be given via a separate form. A landlord cannot serve a section 21 notice if it has been less than six months since the tenancy began. It is important to note that the end of the two months’ notice must not fall after the end of the fixed term tenancy.

A section 8 notice can be served on tenants who have rent arrears or have broken other terms of the tenancy agreement. This is a lengthy procedure as the tenant has the right to challenge the notice in court.

If you require assistance with serving a section 21 or section 8 notice in order to start the eviction process, please contact us and our team of specialists will provide detailed advice on the next steps to take.

What if the tenant is refusing to leave the property?

If the tenant has not vacated the property by the date specified on the section 21 notice, a landlord can submit an application to the court for a possession order.

The standard possession order is usually used in circumstances where the landlord wants to evict the tenant and also intends on making a claim for rent arrears. The length of standard possession proceedings can vary depending on whether a section 21 notice and/or a section 8 notice was served on the tenant however, proceedings generally can take between four to six months. Once a possession order has been granted, the tenant will usually have 28 days to vacate the property. A standard possession order is a lengthy and complex process and may not be a suitable route for landlords intending to gain possession of their property without delay.

The quickest way to evict a tenant is through the accelerated procedure by applying to the court for an accelerated possession order if the landlord only wants possession of the property.

What is an accelerated possession order?

An accelerated possession order allows landlords to evict tenants much quicker compared to a standard possession order; this route can only be utilised if a section 21 notice was served and as such if a landlord intends on making a claim for rent arrears, this route will not be applicable.

There are a set of requirements that must be met before an application can be submitted to the court for an accelerated possession order. The requirements state that:

  1. the tenant must hold an assured shorthold tenancy for the property in question;
  2. the tenancy agreement enforced must be in writing;
  3. the landlord must serve the tenant with a section 21 notice giving the tenant a minimum of 2 months’ notice;
  4. the notice served on the tenant cannot request the tenant to vacate the property before the end of the fixed term tenancy; and
  5. any deposit paid to the landlord after 6 April 2007, must have been paid into a Government approved tenancy deposit scheme.

With the accelerated route, a hearing is usually not required and as such the judge will only have sight of the relevant documents in order to determine whether a possession order can be issued.

Once a claim has been issued, the court will provide the tenant with a full copy of the application and the tenant is thereafter provided with 14 days to respond to the claim and put forth reasons as to why further time should be given to vacate the property. The judge may schedule a hearing if the tenant has provided a defence based on serious grounds.  In such cases, it may take four months to obtain a possession order as it may take a considerable amount of time to allocate a hearing date. If, however, the judge deems the claim as valid and the tenant has not provided a defence, then a possession order can be issued within two to three months.

The tenant may be given between 14 to 28 days to vacate the property from the date of the possession order which is commonly referred to as an outright possession order. If the tenant has not vacated the property within the imposed deadline, bailiffs can be instructed to attend the property and evict the tenant.

We understand that the process to evict a tenant can be an extremely tense and frustrating period. Our team of specialist solicitors undertake such applications regularly and as such are best equipped at providing our clients with their desired outcome. We handle claims from start to finish whilst simultaneously keeping our clients constantly involved and providing them with the peace of mind that their legal matter is being dealt with in a professional, efficient and meticulous manner. If you are currently facing a difficult situation with your tenant, please contact us and we will discuss your concerns with you in detail.

Please call us on 020 3372 5125 or get an online consultation





    Contact our experts in Family Law
    The quickest way to evict a Residential Tenant
    Director & Head of Family Law
    For legal advice
    call us today
    020 3372 5125
    Or complete our online enquiry form to make an appointment





      The quickest way to evict a Residential Tenant
      The quickest way to evict a Residential Tenant
      What Our Clients
      Say About Us
      Testimonials
      She is very professional while creating a friendly and comforting relationship with her clients
      I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
      What Our Clients
      Say About Us
      Testimonials
      Dealing with Rakhi was more like having In house counsel than hiring a law firm
      So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.

      Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.

      She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.

      My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.

      Thank you, my new family and I will be forever grateful!!!!
      What Our Clients
      Say About Us
      Testimonials
      She has been very professional and a reliable person
      Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
      What Our Clients
      Say About Us
      Testimonials
      Rakhi’s passion for her profession supersedes the norm
      On dealing with a very stressful and emotional situation involving my young child. I was personally directed to Rakhi Singal. From the very outset of my situation, Rakhi identified the immediate difficulties I faced and offered me a sympathetic and rational approach to my situation, ensuring that she had a full understanding of my issues and concerns. Rakhi’s approach to my case was monumental and customary to my needs and that of my child, which was a fundamental point for me.

      The communication and support I received in and outside of court was nothing short of extraordinary. Rakhi’s passion for her profession supersedes the norm and is clearly demonstrated through her results.
      What Our Clients
      Say About Us
      Testimonials
      Very detailed advice, friendly and approachable
      Excellent service for my wife's spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
      What Our Clients
      Say About Us
      Testimonials
      Really impressed with Rakhi’s dedication to our case
      Could not be more pleased with the results!

      I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.

      Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
      What Our Clients
      Say About Us
      Testimonials
      She is professional, intelligent, hard worker and cheerful!
      I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism, Quality, Responsiveness, Value
      Highly recommended. Lusine helped me out with my ILR 10-year continuous residency application. She explained everything to me, and patiently answered all my questions. She also put my mind at ease. They are very quick in replying to my emailed queries. I consulted two other solicitors before someone recommended RVS to me; the first one did not seem quite sure what to do, the second had exorbitant rates. RVS's fees are very reasonable given their professionalism. They give a breakdown of the fee and make sure you understand everything. They also make sure your data is protected; they use a secure upload site for your documents. I am very grateful to them and will definitely recommend them to anyone who needs an immigration solicitor. I would give them 10 stars here if I could.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism, Quality, Responsiveness, Value
      I am so thankful that we found RVS Solicitors. I had an extremely complicated immigration case which has been successful. Lusine and Eylem was extremely patient and helpful during the entire process and went above and beyond to help me. Their knowledge on immigration law is second to none and they explore all possible options in order to help you. I will never be able to thank them enough for their advice, service and compassion.
      What Our Clients
      Say About Us
      Testimonials
      Professionalism
      The best lawyers . They work very professional they help you they always out there for you to help you out in your situation well done RVS Solicitors I will extremely recommend 👍and special thank to Eylem Kara 🙂
      Latest News
      The quickest way to evict a Residential Tenant The quickest way to evict a Residential Tenant The quickest way to evict a Residential Tenant The quickest way to evict a Residential Tenant The quickest way to evict a Residential Tenant The quickest way to evict a Residential Tenant