How much notice do I need to give to evict a tenant?

For a Section 21 notice, you must give at least two months' notice. For Section 8, the notice period depends on the ground for possession, ranging from two weeks (for serious rent arrears) to two months. Remember that notice periods can change, so check current requirements.

Can I enter my rental property whenever I want?

No. Tenants have the right to "quiet enjoyment" of the property. You must give at least 24 hours' notice before visiting and can only enter at reasonable times. The exception is genuine emergencies, such as a gas leak or flood. Harassment or illegal eviction is a criminal offence.

What can I deduct from the deposit?

You can only deduct for unpaid rent, damage beyond fair wear and tear, or breach of the tenancy agreement (such as cleaning costs if the tenant didn't leave the property in the required condition). You must provide evidence for deductions, and tenants can dispute unreasonable deductions through the deposit scheme.

Do I need a licence to be a landlord?

In most cases, no. However, Houses in Multiple Occupation (HMOs) require a licence, and some local authorities operate selective or additional licensing schemes. Check with your local council whether your property requires a licence. Letting without a required licence is a criminal offence.

What happens if my tenant refuses to leave after I serve notice?

You must apply to the court for a possession order. If the tenant still doesn't leave after the order is granted, you'll need to apply for a warrant of eviction, which authorises bailiffs to remove the tenant. You must never try to evict a tenant yourself, as this is illegal.

Complete Guide to Landlord Rights in England & Wales | The Solicitor Directory

Landlord Legal Obligations

Being a landlord comes with significant legal responsibilities. You must ensure the property is safe and habitable, with working smoke alarms on each floor, carbon monoxide alarms where required, and a valid gas safety certificate. Electrical installations must be inspected every five years, and you must provide an Energy Performance Certificate (EPC) with a rating of E or above.

You're responsible for maintaining the structure and exterior of the property, as well as heating, water, gas, and electrical installations. The property must be free from serious hazards under the Housing Health and Safety Rating System. Failure to meet these obligations can result in prosecution, fines, or rent repayment orders.

Before letting, you must protect any deposit in a government-approved scheme within 30 days and provide prescribed information to the tenant. You must also carry out Right to Rent checks to verify tenants have the legal right to live in the UK. Keeping thorough records is essential for compliance.

Tenancy Agreements

Most residential tenancies are Assured Shorthold Tenancies (ASTs), which give tenants certain rights under the Housing Act 1988. A written tenancy agreement is not legally required but is strongly recommended. It should set out the rent, deposit, length of tenancy, and both parties' responsibilities.

Fixed-term tenancies run for a set period (commonly 6 or 12 months). At the end of the fixed term, the tenancy typically becomes periodic, rolling on month-to-month. You can offer a new fixed-term contract, let it roll periodic, or seek possession using the correct procedure.

The tenancy agreement cannot override tenants' statutory rights, so clauses attempting to waive these rights are unenforceable. However, you can include reasonable terms about pets, subletting, alterations to the property, and tenant obligations for minor repairs and garden maintenance.

Rent and Deposits

You can charge whatever rent the market will bear, though rent must be fair for properties subject to rent control (rare today). For periodic tenancies, there are rules about how and when you can increase rent. Any increases must be fair and realistic, and proper notice must be given.

Deposits for ASTs are capped at five weeks' rent for tenancies where the annual rent is below £50,000. You must protect the deposit in a government-approved scheme within 30 days and provide prescribed information to the tenant. Failure to comply means you cannot use the Section 21 "no fault" eviction procedure (while it remains available) and may face penalties of up to three times the deposit.

At the end of the tenancy, you must return the deposit within 10 days of agreeing how much the tenant will receive. Deductions can only be made for unpaid rent, damage beyond fair wear and tear, or breach of the tenancy agreement. Disputes can be resolved through the deposit scheme's free adjudication service.

Eviction Procedures

The eviction process depends on the type of tenancy and the grounds for possession. For ASTs, the two main routes are Section 21 (no-fault eviction) and Section 8 (fault-based eviction). The Renters' Reform Bill, when enacted, will abolish Section 21 notices in England.

Section 21 allows you to regain possession without giving a reason, after the fixed term ends or during a periodic tenancy. You must give at least two months' notice and comply with various requirements, including having protected the deposit and provided required certificates. The notice cannot be served in the first four months of the tenancy.

Section 8 requires you to prove grounds for possession, such as rent arrears, breach of tenancy terms, or antisocial behaviour. Some grounds are mandatory (the court must grant possession), while others are discretionary. The notice period varies from two weeks to two months depending on the ground.

Dealing with Problem Tenants

Problem tenants can cause significant stress and financial loss. Common issues include rent arrears, property damage, antisocial behaviour, and unauthorized occupants. Acting quickly and following correct procedures is essential.

For rent arrears, communicate with the tenant early to understand the situation. Consider a payment plan for temporary difficulties. If arrears continue, you can serve a Section 8 notice using Ground 8 (mandatory possession if at least two months' arrears) or Ground 10/11 (discretionary grounds for lesser arrears).

For antisocial behaviour or breach of tenancy terms, document incidents carefully with dates, times, and evidence. Warn the tenant in writing and give them opportunity to remedy the breach. If problems continue, serve a Section 8 notice citing the relevant ground. Serious cases may allow for faster eviction.

When to Consult a Property Solicitor

While many aspects of being a landlord can be managed independently, legal advice is valuable in certain situations. Complex tenancy issues, disputes with tenants, and eviction proceedings all benefit from professional guidance.

A property solicitor can help you draft watertight tenancy agreements, advise on compliance with your legal obligations, and guide you through the eviction process. Getting the eviction procedure wrong can result in costly delays and having to start again.

Consider legal advice if you're dealing with a tenant who won't leave despite proper notice, if you're facing a rent repayment order application, or if your tenant is counterclaiming for disrepair. Early advice can save time, money, and stress in the long run.