Tenancy Answers - Evicting non-AST tenants
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Evicting non-AST tenants

If you are a resident landlord, please see our page on evicting lodgers: http://tenancyanswers.ucoz.com/index/lodgers_excluded_occupiers/0-38
 
If your are not a resident landlord, but the annual rent payable is less than £100,000, then please see our pages on evicting AST Tenants.

Rights

However, if the rent is over £100k per annum then the grounds for eviction, and the notice periods required are as specified in the tenancy agreement.
 

Process

You will need to obtain proof of service of your notice document. You can take a witness and obtain a statement from them, but the most straightforward way is to send 2 copies by first class post from different post offices - obtaining a free certificate of posting. The courts will accept this as proof of service 2 working days later. Do not use 'Special Delivery' or 'Recorded Delivery' as the tenant can refuse to accept these.

After the notice period expires, you can apply to the court for a possession order. Complete form N5 and submit it to the court with your fee. A hearing will be required, which will usually take 4-6 weeks. 

If your application is successful, your tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

DO NOT be tempted to use any process other than shown above. To do so will almost certainly be illegal eviction, which is a criminal offence and carries potentially heavy penalties.