Compassionate evictions
Before you decide to evict assess the situation.
Think carefully about whether the eviction is truly necessary, or whether mediation could resolve the issue - speak with your tenant to understand their circumstances and discuss alternatives.
Also, make sure you seek advice first - contact a housing charity like Shelter to explore support options for your tenant.
You can also encourage your tenant to reach out to our tenancy sustainment team, who can work with them to look at ways they can avoid losing their tenancy - from going through their tenant's responsibilities, looking at additional support and more.
Grounds for eviction
In the UK, landlords can legally evict tenants under specific circumstances and must follow proper legal procedures.
The most common legal grounds for eviction are:
- Rent arrears: The tenant has failed to pay rent, often for a specified period (e.g., two months).
- Breach of tenancy agreement: The tenant has violated the terms of the tenancy agreement, such as subletting without permission or causing property damage.
- Anti-social or criminal behaviour: The tenant has been involved in anti-social or illegal activities on the property.
- Property damage or neglect: The tenant has caused significant damage or neglected the property, resulting in disrepair.
- End of fixed-term tenancy: The tenancy period has expired, and the landlord does not wish to renew the contract.
- Landlord wants to sell the property: The landlord intends to sell the property and needs it vacant to do so.
- Landlord or family needs to move in: The landlord or a close family member intends to live in the property.
- Use of property for business or personal reasons: The landlord needs the property back for business purposes (e.g., converting to commercial use).
- Mortgage repossession: The property is being repossessed by the lender because the landlord has defaulted on their mortgage.
If you have exhausted all other options and you believe eviction is necessary, you must follow these steps:
Understand the legal time frame
- For a Section 21 notice (no-fault eviction), landlords must provide at least 2 months' notice.
- For a Section 8 notice (fault-based eviction), the notice period varies from 2 weeks to 2 months, depending on the grounds.
- Court proceedings cannot begin until the notice period has expired. Follow legal procedures strictly: Issue the correct notice (e.g., Section 21 or Section 8 notice) and allow the legal time frame.
Provide clear and respectful communication
- Ensure the tenant understands their rights and the next steps.
- Offer support resources.
- Direct the tenant to Shelter and our homelessness service during this time.
Be compassionate
- Even if eviction is necessary, approach it with compassion.
- Offer reasonable time to find alternative accommodation.
- Help signpost financial support or rental assistance options.
- Avoid talking publicly or to the tenant's neighbours about the situation to maintain the tenant’s dignity.
