Landlord Guide On Evicting Tenants

Here are the steps a landlord typically takes during the process of evicting tenants. The chart doesn’t reflect every open option available; the chart displays the most common options and solutions, along with the pros and cons of each possible route.

If anyone disagrees with this chart, or believes it can be improved, please let me know, and I’ll happily update the content accordingly.

1

Resolve

Before taking any drastic measures, try to resolve the issue with your tenant. It may just be a simple case of miscommunication, or you might be able to come to some form of compromise.
Resolve Image

Time Consuming

Failed to resolve

Unable to resolve, further action is required

Cheap* / Easy route

RESOLVED
2

Valid case

Make sure you actually have a valid case e.g. your tenant has breached any terms of the Tenancy Agreement
Valid case Image

Time Consuming / Unrealiable

Independent

Try to take things further yourself. Ensure that whatever action you take complies with the law.

Expensive / Professional* / Thorough* / Experienced*

Specialist

Use online specialists. There are plenty to choose from. Here are a list of List Of Tenant Eviction Services

Expensive / Professional* / Thorough* / Experienced*

Solicitor

Use local solicitors that specialise in land law and evictions

3

Section 8

Assuming you have a valid case at this point, you or whoever is representing you will serve a section 8 (Posession Notice) to your tenant. Your tenant will have 2 weeks to respond.
If you serve a Section 8 without legal advice, you run the risk of serving an invalid notice, which could make your claim invalid and slow down your case.
Section 8 Image

Expensive / Time Consuming

Resistant tenant

Tenant has refused to cooperate and vacate the property

Easy route

RESOLVED

In a lot of cases, all a tenant needs is a Section 8. They usually vacate due to fear.

4

Professional help

At this point you should seek professional assistance from a qualified solicitor (if you haven't already). They can advise you on how to order a court proceeding.
Professional help Image
5

Court action

Your legal representative will issue proceedings. A court hearing date will be set. Your legal advocate will appear before a judge to obtain the possession order.
Court action Image

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4 Comments- Join The Conversation...

Guest Avatar
Bill 7th September, 2009 @ 08:27

I love your flowchart! Very nice job.

As a fellow landlord who has also gone through the eviction process this will be very handy for folks in your area.We were fortunate enough to have a new process set up in our area (Alberta Canada)called the Residential Tenancy Dispute Resolution Services (RTDRS) which helps streamline the process.

I have put together a walk through of the entire process as well, the walk through I have is here, http://www.investors.housez.ca/?p=83 if you have some time to compare notes.

Regards,
Bill

1
Guest Avatar
Gary 24th July, 2012 @ 16:52

am 2 months behind on rent got court hearing didn"t go judge ordered eviction,question is if i made the payment before the eviction date do I still have to vacate premises?

2
Guest Avatar
lawrence72 10th January, 2015 @ 22:18

Hi, if a landlord applies for a court repossession order do they need to be represented by a solicitor and barrister at the hear or can landlord represent themselves?

Thanks

Lawrence

3
Guest Avatar
Paul Benson 11th March, 2016 @ 13:17

In 2012 I successfully evicted a tenant under Section 21 and did it all myself. PCOL is very straight forward and in my case the tenant didn't turn up so that was it. In fact, if the rent is more than 2 months/8 weeks in arrears, the judge has no choice but to give a possession order. A Section 21 is the preferred route and used if the tenancy has run it's course. A section 8 is less sure and is used if the agreement still has time to run. If you gave a 12 month tenancy and didn't get paid for 2 months, then you would do a Section 8. A Section 8 is more risky as the tenant must not have made a payment for 2 months, up to the hearing date. A Section 21 only requires a value amount of arrears to equal 2 months (I am not a solicitor but this is my understanding on this point).

Whatever the case, the hearing is informal and based on facts. As long as you present them as the court requires and issue the documentation to the tenant and the court as required, you can do it yourself. I am currently doing a Section 8 this time and by myself. It may take time but it is educational time and therefore an investment into my life as a landlord. Time well spent I think.

4

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