Where a tenant occupies a property under an AST, there are different methods that a landlord can use to lawfully evict them.

It may seek to end the AST by exercising any break provisions available to it.  Otherwise, it may seek to use the statutory methods by either serving a Section 8 notice and/or a Section 21 notice.

Section 8 Notice

If a landlord is seeking to lawfully evict a tenant during the term of an AST, it will serve a Section 8 notice.  The prescribed form of Section 8 notice must be used by the landlord and it must set out (and satisfy) the specific grounds on which the landlord wants to regain possession of the property – these grounds are set out in the Housing Act 1988 (“HA 1988“).  In order for the Section 8 notice to be used, the notice must state that the tenancy can be brought to an end under the specified ground.

If the tenant does not leave the property by the specified date, the landlord can apply to the court (within one year of the notice) for a possession order under one of the grounds set out in the HA 1988.  A court will then determine whether the possession of the property is ‘mandatory’ or ‘discretionary’. 

There are different notice periods of which a tenant must be aware – the minimum period lengths are set out below.

A court must make an order for possession if any of the following mandatory grounds (which are summarised) apply:

• Ground 1 – a landlord requires possession as they used to occupy the property as their main home or they now wish to occupy the property as their main home.
  The minimum notice period is 2 months.

• Ground 2 – a property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.
  The minimum notice period is 2 months.

• Ground 3 – a tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.
  The minimum notice period is 2 weeks.

• Ground 4 – a tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.
  The minimum notice period is 2 weeks.

• Ground 5 – a property is that of a minister of religion.
  The minimum notice period is 2 months.

• Ground 6 – a property requires redevelopment.
  The minimum notice period is 2 months.

• Ground 7 – a tenant has died.
  The minimum notice period is 2 months.

• Ground 7A – antisocial behaviour.
  The minimum notice period is 4 weeks if it is a period tenancy or 1 month if it is a fixed term tenancy.

• Ground 7B – no right to rent.
  The minimum notice period is 2 weeks.

• Ground 8 – a tenant is in rental arrears.
  The minimum notice period is 2 weeks.
  
  

If a court makes an order for possession, then a tenant must leave the property before the date given in the order.  This date will be either 14 or 28 days after the court hearing.  Authorities are now required to treat an applicant as threatened with homelessness if they have been served with a valid section 21 notice which expires in 56 days or less and have no other accommodation available for occupation.

If a tenant does not leave a property before a date set out in the court order, a landlord can request that the court evicts them with a ‘warrant for possession’.  If the court does so, the tenant will then be sent an eviction notice with a date by when they must leave the property.

If the tenant does not leave by the date set out on the eviction notice, the landlord needs to apply for a bailiff warrant to evict the tenant, unless the tenant has submitted an application for a judge to suspend the warrant for possession at a new hearing.  If so, the judge could delay the eviction or the tenant could stay if they comply with the terms of the AST.  Assuming that the bailiff warrant is granted, bailiffs must provide 14 days’ notice of an eviction.

A court may make an order for possession if any of the following discretionary grounds (which are summarised) apply:

• Ground 9 – suitable alternative accommodation is available for the tenant upon possession.
  The minimum notice period is 2 months.

• Ground 10 – a tenant is in arrears when the landlord served notice and when court proceedings began.
  The minimum notice period is 2 weeks.

• Ground 11 – a tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.
  The minimum notice period is 2 weeks.

• Ground 12 – any obligation of the tenancy has been broken, other than payment of rent.
  The minimum notice period is 2 weeks.

• Ground 13 – due to a tenant’s conduct, a property has deteriorated.
  The minimum notice period is 2 weeks.

• Ground 14 – a tenant is causing a nuisance or annoyance to people residing at the property or visiting the property or a tenant is convicted or using the property for immoral purposes.
  There is no minimum notice period, as proceedings may be commenced immediately after service of notice.

• Ground 15 – a tenant has allowed the landlord’s furniture to deteriorate due to ill treatment.
  The minimum notice period is 2 weeks.

• Ground 16 – a tenant occupies the property due to their former employment by the landlord.
  The minimum notice period is 2 months.

• Ground 17 – a landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.
  The minimum notice period is 2 weeks.
  
  

When considering a discretionary ground, the court has wide jurisdiction and could grant an order for possession (the effect of this is discussed above) and/or a money order or a suspended order.

If the court grants a money order, a tenant must pay the landlord a specified amount.  If the court grants a suspended order, a tenant will be able to stay in the property as long as they obey the conditions set out in the order, and a landlord can ask the court to evict tenants in the event that the court order is no longer obeyed in the same manner as is set out above.

Once a valid notice is served, a tenant should leave the property by the specified date.  This is usually the end of the notice period.

Section 21 Notice

If a landlord is seeking to recover possession at the end of the term of an AST, it will serve a Section 21 notice.  The prescribed form of Section 21 notice must be used by the landlord and it must be served at least four months after the tenancy has begun and at least two months before the end of the fixed term.  A Section 21 notice is only valid for 6 months from service in respect of court proceedings.  A landlord does not have to specify the reason why it wants to end the tenancy, but will not be able to use a Section 21 notice if:

• it has not provided the prescribed information (EPC, gas safety certificate and/or prescribed information on a tenant’s rights and responsibilities – the most current is the Government’s ‘How to rent’ guide);
• it is less than four months since the tenant entered into occupation as tenant of the property;
• the landlord has not complied with the relevant tenant deposit protection legislation;
• the property is categorised as an HMO and does not have a HMO licence from the council;
• there is a mistake in the Section 21 notice;
• the council has served an improvement notice on the property in the last 6 months or the council has served a notice in the last 6 months that says it will conduct emergency works on the property;
• the landlord has not repaid any unlawful fees or deposits that it charged the tenant.
  
  

Usually, a Section 21 notice would give tenants at least 2 months’ notice to leave the property.

Please note that, if a tenant receives a Section 21 notice, it should continue to pay the rent, as the notice does not end the tenancy.  The tenancy will carry on until the tenant leaves voluntarily or is evicted by the court following the expiry of the notice period.

If a tenant does not leave voluntarily and stays past the date on the notice, a landlord can apply for a possession order.  There may be a hearing – in that case, whether the tenant is evicted is at the judge’s discretion depending on the information that the judge receives.  The court can only stop an eviction if there is a problem with the Section 21 notice.

In the event that the court grants a possession order and the tenant does not leave by the date specified on the order, court bailiffs can then evict the tenant following a successful application by the landlord for a bailiff warrant.