Reasons for Tenant Eviction

Non-payment of Rent

This is undoubtedly the most common reason for eviction of Tenants.

It should, of course, be a straight-forward concept that a tenancy cannot continue if rent is not being paid and in most cases this view is legally supported, and eviction granted.

There are however strict rules and law which govern Tenant eviction and in most cases a Court will not Order possession to a Landlord unless at least two months rent is in arrears.

There are also strict rules on the service a Notice Seeking Possession before legal proceedings for possession can be commenced.

At BRM Legal we have many years of successfully representing Landlords at Court and can help you navigate the difficult rules is an easy and cost effective way.

Breach of Tenancy

Breach of tenancy occurs when a tenant violates a clause within the tenancy agreement. This can be for a number of reasons, but most commonly it will refer to: –

Unauthorised Occupancy

This refers to the situation where the resident allows another person to stay at the property without seeking permission to do so. The conditions of the tenancy agreement are generally clear that all occupants have to be listed on the original paperwork. The bringing in of anyone at a later date without notification and sanction is therefore in clear breach of the tenancy agreement.

The above also applies to ‘extended guests’ if there presence has not been declared.

Sub-letting

The tenancy agreement grants exclusive tenancy rights to those listed on the documentation – in other words, once signed, the landlord cannot offer the property to anyone else. However, it also means that the original named tenant cannot go on to rent out the property to others. If they do then they themselves (and not the person/ people sub-letting) will have the notice served upon them, even although they no longer live at the property.

Unauthorised Pets

Tenants are always told prior to signing the tenancy agreement if they are allowed pets within the property and, if so, which type and how many. If the landlord then finds that they have gone on to bring pets into the property which were not authorised (and were clearly not allowed) then a breach of tenancy has been made.

Property Damage

When a tenant has caused substantial damage to the property (more than acceptable wear and tear) then a Section 8 notice can be served. If disputed, the case may still go to court and a judge will decide if the claim is valid and if eviction is granted.

Illegal/ Anti-social/Drug Related Activity

Where illegal or anti-social activities are found to be taking place at the property then a Section 8 (ground 14) notice can be served. This can be served with immediate effect as the severity of the breach of tenancy merits eviction without any notice period.

Expiration of Tenancy

When the tenancy agreement has expired, and the contract is then of a periodic or rolling nature, the tenant must still be served the appropriate notice in order to gain possession and get the property back.

Care must be taken to serve the correct notice as the law surrounding this area is very strict in its requirements.

When Landlords take the situation into their own hands it seldom ends well, and a claim against the Landlord can be made on the grounds of breach of tenancy. There is also the possibility of being accused of unlawful eviction or even harassment (and if successful this can result in a criminal conviction). It is also worth noting that Tenants may be advised to remain in the property until the Landlord is granted an order for possession.

Unlawful Eviction/ Harassment

Unlawful Eviction/ Harassment is a very serious issue and it is an area where Landlords should seek specialised advice and support. BRM Legal can of course assist with this and potentially avoid the risk of incurring a significant fine or a prison sentence.

Examples of actions which may be deemed to be Unlawful Eviction or Harassment:

• Forcing the tenants out prior to receiving an Order for Possession
• Changing locks whilst the tenants are out
• Generally interfering with the peace or comfort of the tenant/ their family
• Withholding essential services/ utilities whilst tenants are still resident
• Limiting the tenants’ access to any part of the property
• Using threatening or violent behaviour (or any behaviour seen to be sexually or racially discriminative)