The route to possession
- Identify a lawful ground (Schedule 2, Housing Act 1988 as amended).
- Serve a valid notice (section 8) stating every ground relied on.
- If the tenant does not leave, apply to the county court. Never change locks or remove a tenant yourself — that is a criminal offence under the Protection from Eviction Act 1977.
Common grounds
- Landlord or family moving in — 4 months' notice, not usable in the first year of the tenancy.
- Sale of the property — 4 months' notice, not usable in the first year.
- Serious rent arrears — 4 weeks' notice, with a higher arrears threshold and a longer arrears period than before.
- Persistent late payment, breach of tenancy, damage, nuisance or antisocial behaviour — 2 weeks' notice or, for the most serious antisocial behaviour, immediate.
Getting it right
- Compliance failures (deposit, gas, EPC, licensing) can defeat a claim — fix them before serving.
- Set out the facts behind each ground in the notice; vague notices get struck out.
- Keep a dated record of service.
Notices are generated in LIS from the tenancy record so the dates and grounds are calculated for you.
