The new eviction process – choosing and using possession grounds

With the coming into force of stage 1 of the Renters Rights Act come new rules for evicting tenants.

The familiar section 21 procedure has gone. From now on, almost all possession claims will need to be based on one or more of the statutory grounds for possession.

This means that:

• Landlords need to know what these grounds are and use them appropriately.
• Landlords will have to have evidence to support their claim. The evidence required will vary depending on the ground being used.

Choosing the correct possession ground

In most cases the appropriate ground will be obvious.  For many, maybe most landlords, it will be ground 8, the serious rent arrears ground.

However, if you are not sure what grounds are available, Landlord Law members can consult our Mandatory and Discretionary Grounds for Eviction under the Housing Act 1988 page.

This, after a brief explanation of sections 7 and 8 of the Act, lists all the grounds for possession along with:

• The wording of the ground from the statute (apart from a few grounds which are very long)
• The notice period
• A note if prior warning is required (this is normally provided in the tenancy agreement), and
• A few other notes.

If your case is not straightforward, then you may want to get some telephone advice before proceeding further.

Issuing the notice

Landlords need to be particularly careful now when issuing their possession notice.

Significant new powers have been given to Local Authorities to impose civil penalties where landlords serve notices or make claims which breach the new statutory provisions.

For this reason, my advice to landlords is to use solicitors for eviction claims.

If a possession notice is drafted and signed on the landlord’s behalf by his solicitor, it is highly unlikely that a civil penalty notice will follow.  So for more complex cases, professional advice is likely to be money well spent.

However, claims based on the rent arrears ground are pretty straightforward.  So I have provided a detailed step-by-step guide on our Possession Notices page to help members draft their notice.

I have also given guidance on drafting a possession notice under ground 4A.  Although, given the number of conditions attached to this ground, great care needs to be taken to avoid non-compliance.

Bringing your claim for possession

Again, due to the increased risks of getting the paperwork wrong, my preference is for landlords to use specialist solicitors.

Members will find our recommended firms here.   Along with forms allowing you to instruct them easily.

If you feel confident about acting in person, we have guidance in our Eviction Guide here. 

And finally

Evicting tenants is trickier now that the Renters Rights Act has abolished no-fault section 21 claims and increased Local Authority powers to fine landlords for using inappropriate notices and claims.

Our guidance and step-by-step guides have helped thousands of landlords over many years to navigate the pitfalls of the eviction process.

We will continue updating all our guidance as the new regime beds in and as the courts begin interpreting the legislation, so members can be confident they are working from the most up-to-date information available

However, be aware that post Renters Rights Act, the eviction process is more demanding than it used to be.

Great care should be taken to ensure that no mistakes are made and the correct paperwork is issued.