Evicting a tenant is never a straightforward process, but it becomes even more complex when the tenant is involved in illegal activities on the property. Landlords have a legal and moral responsibility to ensure that their properties are not used for unlawful purposes. If you find yourself in a situation where your tenant is engaging in illegal activities, it is crucial to act swiftly and within the confines of the law. This article will guide you through the process of evicting a tenant for illegal activities, focusing on the legal frameworks such section 21 eviction notice and Section 13 eviction notices in the UK.
Understanding the Legal Grounds for Eviction
Before diving into the specifics of eviction notices, it is essential to understand the legal grounds for eviction. In the UK, the most common grounds for eviction are outlined in the Housing Act 1988, which includes both mandatory and discretionary grounds. Illegal activities fall under the category of mandatory grounds, meaning that if the landlord can prove that the tenant is using the property for illegal purposes, the court must grant possession.
Mandatory Grounds for Eviction
Rent Arrears: If the tenant is more than two months in arrears, the landlord can seek possession.
Breach of Tenancy Agreement: Any violation of the terms of the tenancy agreement can be grounds for eviction.
Illegal Activities: If the tenant is involved in illegal activities such as drug dealing, prostitution, or other criminal behavior, the landlord can seek immediate eviction.
Discretionary Grounds for Eviction
Anti-Social Behavior: If the tenant is causing a nuisance to neighbors, the landlord can seek eviction.
Damage to Property: If the tenant has caused significant damage to the property, the landlord can seek possession.
False Information: If the tenant provided false information to secure the tenancy, the landlord can seek eviction.
Section 21 Eviction Notice
A Section 21 eviction notice, also known as a no-fault eviction, is one of the most common methods used by landlords to regain possession of their property. This notice does not require the landlord to provide a reason for the eviction, making it a straightforward process. However, there are specific conditions that must be met before a Section 21 notice can be issued.
Conditions for Issuing a Section 21 Notice
End of Fixed-Term Tenancy: The Section 21 notice can only be issued at the end of the fixed-term tenancy or during a periodic tenancy.
Deposit Protection: The landlord must have protected the tenant's deposit in a government-approved scheme and provided the tenant with the prescribed information.
Gas Safety Certificate: The landlord must have provided the tenant with a valid Gas Safety Certificate.
Energy Performance Certificate (EPC): The landlord must have provided the tenant with a valid EPC.
How to Rent Guide: The landlord must have provided the tenant with the government's "How to Rent" guide.
Steps to Issue a Section 21 Notice
Serve the Notice: The landlord must serve the Section 21 notice in writing, giving the tenant at least two months' notice to vacate the property.
Wait for the Notice Period to Expire: The landlord must wait for the notice period to expire before taking any further action.
Apply for a Possession Order: If the tenant does not vacate the property after the notice period, the landlord can apply to the court for a possession order.
Court Hearing: The court will schedule a hearing, and if the landlord has followed the correct procedures, the court will issue a possession order.
Eviction: If the tenant still refuses to leave, the landlord can apply for a warrant of possession, and bailiffs will be sent to evict the tenant.
Section 13 Eviction Notice
A Section 13 eviction notice is used when the landlord wants to increase the rent and the tenant refuses to agree to the new terms. However, it can also be used in conjunction with other eviction notices if the tenant is involved in illegal activities.
Conditions for Issuing a Section 13 Notice
Periodic Tenancy: The Section 13 notice can only be issued for periodic tenancies.
Rent Increase: The landlord must be seeking to increase the rent, and the tenant must have refused to agree to the new terms.
Notice Period: The landlord must give the tenant at least one month's notice for the rent increase.
Steps to Issue a Section 13 Notice
Serve the Notice: The landlord must serve the Section 13 notice in writing, specifying the new rent amount and the date it will take effect.
Wait for the Notice Period to Expire: The landlord must wait for the notice period to expire before taking any further action.
Apply for a Rent Increase: If the tenant refuses to pay the increased rent, the landlord can apply to the court for a rent increase order.
Court Hearing: The court will schedule a hearing, and if the landlord has followed the correct procedures, the court will issue a rent increase order.
Eviction: If the tenant still refuses to pay the increased rent, the landlord can issue a Section 8 notice and seek possession on the grounds of rent arrears.
Evicting a Tenant for Illegal Activities
If your tenant is involved in illegal activities, you may want to consider using a Section 8 notice instead of a Section 21 notice. A Section 8 notice allows you to seek possession on specific grounds, including illegal activities.
Grounds for Eviction Under Section 8
Ground 7A: This ground applies if the tenant has been convicted of a serious criminal offense at the property.
Ground 14: This ground applies if the tenant is causing a nuisance or annoyance to neighbors or engaging in illegal activities.
Steps to Issue a Section 8 Notice
Serve the Notice: The landlord must serve the Section 8 notice in writing, specifying the grounds for eviction and the date the tenant is required to vacate the property.
Wait for the Notice Period to Expire: The notice period for a Section 8 notice can vary depending on the grounds for eviction. For illegal activities, the notice period is typically two weeks.
Apply for a Possession Order: If the tenant does not vacate the property after the notice period, the landlord can apply to the court for a possession order.
Court Hearing: The court will schedule a hearing, and if the landlord can prove that the tenant is involved in illegal activities, the court will issue a possession order.
Eviction: If the tenant still refuses to leave, the landlord can apply for a warrant of possession, and bailiffs will be sent to evict the tenant.
Gathering Evidence
When evicting a tenant for illegal activities, it is crucial to gather sufficient evidence to support your case. This evidence will be presented in court, and the judge will use it to determine whether to grant possession.
Types of Evidence
Police Reports: If the police have been called to the property due to illegal activities, obtain a copy of the police report.
Witness Statements: If neighbors or other witnesses have observed illegal activities, ask them to provide written statements.
Photographic Evidence: If there is physical evidence of illegal activities, section 21 eviction notice, such as drug paraphernalia, take photographs.
Tenant Correspondence: If the tenant has admitted to illegal activities in writing, such as in an email or text message, keep a copy of this correspondence.
Legal Considerations
Evicting a tenant for illegal activities is a serious matter, and it is essential to follow the correct legal procedures. Failure to do so could result in the eviction being delayed or even dismissed by the court.
Legal Advice
It is highly recommended to seek legal advice before proceeding with an eviction. A solicitor who specializes in landlord-tenant law can guide you through the process and ensure that you are following the correct procedures.
Tenant Rights
Even if the tenant is involved in illegal activities, they still have rights under the law. The landlord must follow the correct legal procedures and cannot take matters into their own hands, such as changing the locks or forcibly removing the tenant.
Retaliation
Landlords must be careful not to evict a tenant in retaliation for reporting maintenance issues or other complaints. If the court believes that the eviction is retaliatory, they may dismiss the case.
Conclusion
Evicting a tenant for using the property for illegal activities is a complex process that requires careful attention to legal procedures. Whether you choose to use a Section 21 notice, a Section 13 notice, or a Section 8 notice, it is crucial to gather sufficient evidence and follow the correct steps. Seeking legal advice is highly recommended to ensure that the eviction is carried out lawfully and efficiently. By acting swiftly and within the confines of the law, you can protect your property and maintain a safe environment for your other tenants and the surrounding community.
