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As a private landlord, one of the more challenging aspects of property management is navigating the eviction process when things don’t go as planned. Whether it’s due to rent arrears, breach of tenancy agreements, or the need to sell or refurbish the property, understanding the legal steps involved in securing an eviction order is essential.

The first step is serving the tenant with a ‘Notice to Leave’ if it is a Private Residential Tenancy, or ‘Notice to Quit’ if the tenant has an old-style short assured tenancy. This sets out the reasons why notice is being given and states the date on which the notice comes to an end.

The notice period is dependent on several factors and if a tenant refuses to vacate the property after the expiry of a Notice to Leave (or Notice to Quit), an Application can be made for an Eviction Order.

Residential landlords may rely on several grounds for eviction each which have different notice periods. Some grounds include:

• The landlord wishes to sell the property: if the landlord’s financial circumstances change, or if they no longer wish to be a landlord, this ground can be relied upon.
• Rent arrears: if a tenant fails to pay rent for 3 consecutive months, this can form the basis for eviction. The landlord can also apply to the Tribunal for a Payment Order stating an amount of money that the tenant must pay to the landlord as a result of rent arrears.
• Breach of Tenancy Agreement: this could involve subletting without permission, causing damage to the property, or engaging in anti-social behaviour.
• Family to move in to the property: in some cases, a landlord may have family members who either wish or require to reside in the property.
• Renovating the property: landlords may require the property to be vacant to facilitate sale or to carry out major refurbishment.

The eviction process can be complex, and even minor errors in the notice or application can delay proceedings. At Macnabs, we regularly assist landlords in navigating each stage, ensuring all documentation is accurate and timelines are adhered to.