What Landlords Need to Know
Evicting a tenant who has stopped paying rent can be a stressful and time-consuming process for landlords. Here, we outline the current eviction process, how it may change with the Renters’ Rights Bill, and how landlords can protect themselves against potential financial loss.
1. Serving Notice
If a tenant falls behind on rent, landlords can serve a Section 8 notice under Ground 8 for rent arrears. To proceed, the tenant must owe at least two months’ rent both at the time the notice is issued and at the court hearing. The notice period is currently 14 days.
2. Court Proceedings
If the tenant does not vacate the property after the notice period, landlords must apply to the courts for a possession order. On average, the courts take 8-12 weeks to schedule a hearing, though this timeline can vary depending on local backlogs.
According to a Propertmark article from December 2023 they spoke about how the County courts are failing on possession cases and you can read this article using the link below.
Even if the landlord is granted possession, the judge still then has the discretion to allow the tenant an additional six weeks to vacate the property, further delaying the process.
3. Bailiff Enforcement
If the tenant still does not leave after the court order, landlords must request bailiff enforcement. This can add another 4-6 weeks to the timeline, meaning it often takes 6-9 months in total to regain possession.
4. Tenant Arrears
By the time a landlord reclaims their property, tenants may owe 6-9 months of unpaid rent. For a property renting at £1,000 per month, this could amount to £6,000–£9,000 in arrears, excluding court and legal fees.
5. Court and Solicitor Costs
The eviction process can also be costly. Here’s a breakdown of the associated expenses:
- Solicitor Fees: Expect to pay £750–£1,500 for a solicitor to manage the eviction process.
- Court Application Fee: Filing a possession claim costs £391.
- Bailiff Enforcement Fee: Using a county court bailiff costs £143.
In total, landlords may face costs of £1,284–£2,034, excluding any additional expenses from delays or complications.
6. Upcoming Changes: The Renters’ Rights Bill
Under the proposed Renters’ Rights Bill, significant changes to Section 8 evictions will affect landlords:
- Ground 8: Rent arrears must exceed three months, increasing the threshold for serving notice.
- The notice period will increase to four weeks, with an additional six-week delay likely during court proceedings.
These changes will lengthen the eviction process and potentially increase the amount of rent arrears accrued.
7. Protecting Yourself with Rent Protection
Unpaid rent can create significant financial strain, especially with the lengthy eviction process. Rent protection insurance offers peace of mind, covering lost rental income and legal fees associated with evictions.
At John Payne Estate Agents, rent protection is included for those landlords that opt for our Platinum Service.
Want to Learn More?
If you’re a landlord looking to protect your investment, speak to John Buckby at John Payne Estate Agents. Call 024 7622 2022 or email j.buckby@payne-cov.com to discuss how we can help.