Self managing? How evicting a tenant could fail spectacularly

Tue 09 Oct 2018

Evicting or serving notice to a tenant can be a very difficult process. There are several reasons why a landlord would want to do this; Perhaps the tenancy isn’t working out, maybe the tenants are have accumulated large rent arrears. or maybe circumstances for either party may have changed. The landlord might need the property back as their main home, for example, or they may need to carry out renovation works.

Whatever the reasons, it’s absolutely critical that the correct procedures are followed.

Section 21/6A and Section 8 Notices

Most private landlords are aware of the two ways that an eviction process can commence:


1. Section 21/6A notice – for eviction after a fixed term has ended

2. Section 8 notice – for eviction at any time, including during any fixed term.

The Section 21 procedure is used most commonly to evict tenants. However, the Section 8 notice may be used instead if the tenant has rent arrears or has broken the terms of your tenancy agreement e.g. If the property has been damaged.

You MUST follow the correct procedures

If the section 21 notice isn’t valid, the court won’t make an order for the tenant to be evicted. The notice will be invalid if:

1. If the tenant has signed a new fixed-term tenancy after the the notice has been served.


2. If you don’t follow the correct Deposit Protection rules and any of these apply:

●   it wasn’t protected in a government-approved tenancy deposit scheme

●   the deposit was protected more than 30 days after you paid it

●   You haven’t provided the required information about the tenancy deposit scheme used

●   If the deposit wasn’t protected or was protected late, your landlord has to return your deposit to you in full before giving you a new section 21 notice.


 3. If the tenant complained about repairs or conditions (only applies for tenancies issued on or after 1 October 2015) and if all these apply:


●   the notice was served after the tenant complained in writing to you about repairs

●   you didn’t deal with the issues

●   the tenant reported them to the council

●   the council served you with an improvement notice or a notice that you would do emergency works

●   A section 21 notice won’t be valid if it is issued within 6 months of the council serving you with either an improvement notice or a notice saying the council will do emergency repairs


 4. If you fail to give your tenant specific information (only applies for tenancies issued on or after 1 October 2015)

●   an energy performance certificate

●   a current gas safety record

●   the How to Rent guide produced by the government (This document changes regularly and you must issue the most up to date version at the time of the tenancy start date).


5. If the tenant lives in a shared house

If the tenant lives in a house in multiple occupation (HMO) that should be licensed by the council but isn’t.


So please remember, if it is necessary to evict a tenant, but you are unable to due to not following the above laws, the financial implication could be huge. Give us a call on 01480 218200 if you're self-managing, and we can talk you through your options. 

"Having dealt with Lovett for several years i cannot praise them enough. I let my house out for a short time and have now sold it. All via Lovetts. Every member of staff i have dealt with have been pleasant, knowledgeable and extremely helpful. Would not hesitate to recommend them 100%."
John Miller

News Archive

July 2020

A guide to deposit protection schemes

June 2020

Meet The Team - Q&A Series: Anthony Charters

NEW electrical safety standards in force from 1st July.

May 2020

Re-opening the Housing Market: Our Approach

March 2020

Corona Virus - Tenant Update

February 2020

Meet The Team - Q&A Series: Amy Duffy

Meet The Team - Q&A Series

January 2020


August 2019

5 top tips to ensure you find the best tenants

July 2019

How To Make Your New House A Home

June 2019

6 top tips for a smoother property transaction

We now officially have an award-winning Sales Team!

February 2019

In Conversation: Q&A With David Hawkes, Land & New Homes Director

Are you prepared for the forthcoming Letting Fees Bill?

January 2019

BREAKING: Stricter rules for mandatory electrical checks

Fitness For Human Habitation Act Becomes Law

Fitness For Human Habitation Act is now live, but what does this mean for Landlords?

Why is pays to use an agency that specialises in land deals

October 2018

Self managing? How evicting a tenant could fail spectacularly

September 2018

How we handle the three D’s – Death, Divorce & Debt

August 2018

First time buyers outstrip movers for first time in 23 years

July 2018

What does the profile of a modern landlord now look like?

Could your garden offer you the financial security we all strive for?

The top 4 things that put off UK homebuyers on viewings

House sale failures in the UK fell from record high in first quarter of 2018