How to serve an eviction notice

The eviction process can be a challenging one for any landlord, often involving a mix of legal requirements, emotional strain, and logistical hurdles. Understanding how to properly serve an eviction notice is crucial for ensuring the process is both legal and efficient. In this comprehensive guide, we will walk you through the steps of serving an eviction notice, ensuring you’re well-prepared to handle this difficult situation.

The eviction notice period

Before we take a look at the eviction process, let’s take a look at the different reasons why you may need to look at evicting your tenants. 

Why would you serve an eviction notice?

Before serving an eviction notice, it’s important to understand the valid reasons for eviction. The most common grounds for eviction include nonpayment of rent, violating any rules or regulations in the lease agreement, maliciously damaging property, or any illegal activity taking place on your property. 

You are also within your rights to serve an eviction notice to your tenants if there is a ‘break clause’ in your contract, allowing you to be able to take your property back before the end of the fixed term. 

Also, if the lease term has come to an end but the tenant refuses to vacate the property, you have a right to evict the tenant using a Section 21 Notice. Ensure you have clear documentation and evidence supporting your grounds for eviction, as this will be crucial if the case goes to court.

Reviewing the law around serving an eviction notice

To legally evict tenants from your property, you need to follow and stick to the correct procedures. Failing to follow the correct steps may result in accusations of harassment or illegal eviction.  

Section 21 notice 

As mentioned above, you can use this notice if you want to regain possession of your property after the fixed term ends. You can only do this if your tenant is on a rolling tenancy, or if the fixed-term tenancy has ended. 

There are specific situations where you cannot use a Section 21 notice to evict your tenants. Here are some key points to keep in mind:

• Early tenancy period: You cannot issue a Section 21 notice if it’s been less than 4 months since the tenancy started or if the fixed term has not ended unless the contract allows it.
• HMO licensing: If the property is a House in Multiple Occupation (HMO) and doesn’t have the required HMO license from the council, you cannot use a Section 21 notice.
• Deposit protection: For tenancies that started after April 2007, you must have placed the tenants’ deposit in a government-approved deposit protection scheme. If not, you cannot use a Section 21 notice.
• Improvement notices: If the council has served an improvement notice on the property in the last 6 months, you cannot issue a Section 21 notice.
• Emergency works notice: You also cannot use a Section 21 notice if the council has served a notice in the last 6 months stating it will carry out emergency works on the property.
• Unlawful fees or deposits: If you have charged the tenant unlawful fees or deposits and have not repaid them, you cannot use a Section 21 notice. 

A Section 21 notice must give your tenants at least 2 months’ notice to leave the property. If you have a rolling tenancy, you may need to give a longer notice period. The notice period must match the rental period if it exceeds 2 months. For example, if rent is paid every 3 months, you must give 3 months’ notice.

Section 8 notice

A section 8 notice can be used to serve an eviction notice if you need to prove that you have ‘grounds for possession’, meaning, there are legal reasons as to why you want to serve an eviction notice to your tenants. 

The main reason for using a Section 8 notice is if your tenants have not been paying rent and are two months behind, owe some rent money, or if your tenant keeps paying their rent late. 

There are also other grounds that you can use to serve an eviction notice, including: 

• Ground 12 – if the tenant has broken a term in the tenancy
• Ground 13 – if the tenant has caused damage to the property
• Ground 14 – if the tenant behaves anti-socially

Preparing the eviction notice

An eviction notice must be clear, concise, and legally sound. You need to make sure that you include the right details and reasoning for the eviction in the notice to minimise confusion amongst your tenants. Here’s what to include in a Section 21 notice:

• Name, address, and phone number of the landlord
• Name and address of the tenant
• Date the notice is served
• Date of repossession
• Reference to Section 21 of the Housing Act

Equally, a Section 8 notice includes the following information:

• Name and address of both the landlord and tenant
• Date the notice is served
• Repossession date
• The statutory grounds that the tenant violated
• Reference to Section 8 of the Housing Act

Serving the eviction notice

Serving an eviction notice correctly is crucial to avoid delays or legal challenges. You can serve the eviction notice in a few different ways, such as by handing the notice directly to the tenant. If you choose to do this, ensure that you document the date and time of delivery.

Another way you can serve an eviction notice is through certified mail, requesting a return receipt to make sure that your tenant has received it. If the tenant is unavailable, post the notice on the tenant’s door and take a photo for evidence. 

Lastly, you can hire a professional process server. By hiring a professional process server, you can ensure the notice is delivered correctly and legally.

You also want to make sure that you have someone willing to be a witness to your serving the eviction notice (make sure that this is someone impartial). 

Documenting the eviction process

It is important that you document the whole eviction process so that you have a record of every step you’ve taken. The most important things to document include any type of communication you’ve had with the tenant regarding the eviction process and any evidence that the eviction notice was served (for example, a signed receipt or a photograph). This documentation will be essential if the eviction proceeds to court.

Following up

Once you’ve served the eviction notice, it is wise to follow up with your tenant to confirm whether or not they have received the notice and whether they accept it. Be sure to check if your tenant has complied with the deadline date, too. 

If your tenant refuses to accept or comply with the eviction notice, you may need to file for an eviction hearing in court. Prepare for the court hearing with all necessary documentation and evidence so that you give yourself the best chance possible should you need to go to court. 

Serving an eviction notice is a critical step in the eviction process that requires careful preparation and adherence to legal standards. By understanding the grounds for eviction, reviewing local laws, preparing a clear notice, serving it correctly, and documenting every step, you can navigate this challenging process with confidence.

Remember, evictions can be legally complex and emotionally taxing for both landlords and tenants. Seeking professional legal advice and maintaining open, respectful communication can help manage this difficult situation more effectively.

If you need to find out more about landlord insurance, make sure to get in contact with one of our team members at CIA Landlords on 01788 818 670.