Eviction

Even if the tenant is not paying the rent regularly, or is in breach of other terms of the tenancy agreement, the only way a landlord can evict them is by going to court and obtain a court order for possession. Assured shorthold tenants, can be evicted only on certain grounds - some discretionary (where the judge does not have to give the landlord possession), some mandatory (where the judge must give the landlord possession).

Discretionary grounds include:

• Breaking any conditions of the tenancy agreement.
• Being a nuisance to neighbours.
• Neglecting the property, furniture or fittings.
• Making a wrongful statement, causing the landlord to grant the initial tenancy under false pretences.

Mandatory grounds include:

• Where the landlord wishes to recover the property as their principal (first and only) home.
• Rent arrears. This applies if the rent is at least 8 weeks (or two months) in arrears.

In order for the landlord of an assured shorthold tenant to regain possession of the property, a notice of seeking possession must be served, giving 14 days notice of expiry and stating the ground for possession. Following the 14 days, a court order must be obtained. Although gaining a court order is not complicated, a solicitor will usually be used. Court costs can be awarded against the tenant.

A landlord is not allowed to use or threaten force, or in any other way harass or try to persuade a tenant to leave. Harassment and unlawful eviction are criminal offences and the tenant would be able to obtain substantial damages.