There have been stories in the media recently about a royal landlord wanting to evict a family member from his property.  Allegedly the latest development is that the landlord is withdrawing a protection detail from his tenant in an attempt to persuade him to leave and move to smaller premises which are available to rent from that landlord.

However, this tactic is not available to non-royal landlords. Most landlords seek to evict a tenant either for:-

1 non-payment of rent or

2 Because they need the property, often to sell because their own financial or domestic circumstances have changed.

These more typical landlords must use more traditional methods. This involves serving notices, and if necessary, issuing possession proceedings at court.

If the terms of the tenancy have been breached, then the landlord can either serve:-

1. i) a Section 8 Notice setting out reasons for the eviction or
2. ii) a Section 21 Notice. This is used for a so called “no fault” eviction.

A Section 21 Notice is often better.

Although the initial period before proceedings can be started is longer (two months compared to usually two weeks for a Section 8 Notice), there is a significant benefit if possession proceedings are needed. This is because the overall time before a possession order is granted is shorter as no hearing is required.

By contrast, under the section 8 procedure, a Court hearing is usually required before a possession order will be made. Unfortunately, in many areas of the country it can be several months before that hearing takes place.

Whichever procedure is used, the Notice must be completely with extreme care – mistakes in the Notices can be expensive and cause significant delays in the eviction process.

So, when a landlord is considering whether to evict a tenant, it is important to consider:

• how soon do you need the tenant to be evicted?
• How much will it cost you if you make a mistake?

If you are a landlord wanting to evict a tenant and require practical and cost effective advice and assistance, please contact David Wilson at Ridley & Hall Solicitors on 01226 666983.

David Wilson – Solicitor