The eviction process overview

The eviction process is not a singular act, but a sequence of legal steps, each carrying its own weight and significance. It begins with the landlord serving an eviction notice to the tenant, outlining the reasons for eviction and the timeline within which they should vacate the property.

However, if the tenant chooses not to comply by the eviction date mentioned in the notice, the landlord must proceed to the county court, seeking a possession court order. This order, when granted, legally obliges the tenant to vacate the property.

Even after this, if the tenant does not leave the property, the landlord has the right to apply for a county court bailiff warrant. A bailiff, or an enforcement agent, as they're formally known, is authorised by the court to legally evict the tenant from the landlord's property. Employing a tenant eviction specialist such as ourselves to help you, the landlord, with the process will make the experience a much easier and straightforward affair.

How long does it take for bailiffs to evict tenants?

From the moment the eviction notice is issued to the point of obtaining a bailiff warrant, it can take several months. So the timeline of how long to evict a tenant isn't fixed, as it varies depending on several factors such as the court's availability, the speed of responses from both parties involved and whether the tenant chooses to contest or appeal the eviction.

Although this can be frustrating for landlords, especially those reliant on rental income, understanding these potential delays can help manage expectations of how long before bailiffs come to remove tenants from their property and prepare for the path ahead.

When and how to apply for a bailiff warrant

A landlord can only apply for a bailiff warrant after they've obtained a possession order from the court and if the tenant has disregarded this order. The application process involves filling out a specific form with details of the possession order, the property and the tenant. This form is then submitted to the court.

Once submitted, the court reviews the application. This process generally takes a few weeks, but it can vary depending on the court's workload. If the court is satisfied with the landlord's application, they will issue a bailiff warrant.

What happens once the bailiff warrant is granted?

Once the court has issued a bailiff warrant, the bailiffs have the legal power to remove the tenant from the landlord's property. However, even at this stage, there are rules to follow. Bailiffs must allow the tenant a seven-day notice period before the impending eviction, allowing the tenant time to find alternative accommodation.

The emotional cost of evictions

Evictions are not just a legal process; they carry an emotional weight for all parties involved. For landlords, evictions can be a source of stress, given the complexity of the legal procedures and the uncertainty of the timeline. As a landlord, it's essential to handle the process empathetically and ensure clear communication with the tenant.

The importance of legal consultation in eviction processes

The eviction process involves a maze of legal complexities which, without a comprehensive understanding of the law can potentially lead to mistakes and further complications. That's why having professional legal guidance becomes an invaluable resource for landlords.

FAQs about the eviction process

What's the difference between a warrant of possession and a warrant of eviction?

A warrant of possession is issued by the county court after a landlord has obtained a possession order, allowing county court bailiffs to recover the property if the tenant has not vacated by the court-ordered deadline. This is the standard enforcement route for most evictions, but delays can occur due to court backlogs.

A warrant of eviction is a broader term that often refers to enforcement at the High Court level, typically through a writ of possession. Landlords seeking a faster eviction process may apply to transfer enforcement from the county court to the High Court, allowing High Court enforcement officers (HCEOs) to remove the tenant more swiftly. However, this requires court permission, which can add additional steps to the process.

While both serve the purpose of enforcing an eviction, the key difference lies in the level of enforcement and the officers involved. County court bailiffs operate under stricter procedural timelines, while High Court enforcement officers have greater powers, including the ability to act with less notice and use reasonable force if necessary.

How much does it cost to evict a tenant (UK averages)?

Evicting a tenant in the UK can be a costly process, with expenses varying depending on the route taken and any complications that arise. The total cost of eviction typically includes court fees, legal representation, and enforcement costs, which can escalate if delays occur.

• Serving notice: issuing a Section 21 or Section 8 notice is free if done independently, but landlords may choose to use a solicitor or legal service, which can cost £60 to £150.
• Court fees: applying for a possession order through the county court costs £355, while using the accelerated possession route costs the same but may save time.
• Warrant of possession: if the tenant does not leave after the possession order, applying for a warrant of possession costs £130.
• High Court enforcement: if a landlord transfers the case to the High Court, the additional cost of a writ of possession is £71, but enforcement by HCEOs can cost between £500 and £1,500, depending on the case.

Additional costs may arise if the tenant contests the eviction or applies for a stay of execution, which could extend proceedings and require further legal fees. Factoring in potential lost rent during the eviction process, the total cost of eviction can easily exceed £1,500 to £3,000 before considering damages or unpaid rent arrears.

What types of eviction are there in the UK?

The eviction process in the UK depends on the type of tenancy and the reason for seeking possession. The two main routes for eviction in England and Wales are Section 21 and Section 8 notices under the Housing Act 1988.

• Section 21 (no-fault eviction): this allows landlords to regain possession without needing to provide a reason, as long as the correct notice period has been given. This process is typically used when landlords want to reclaim their property at the end of a fixed term or after a periodic tenancy has been established. The UK government is looking to outlaw this type of eviction by summer of 2025, so landlords should consider this when pursuing evictions.
• Section 8 (fault-based eviction): used when a tenant has breached the tenancy agreement, such as failing to pay rent or engaging in antisocial behaviour. The landlord must specify one or more of the legal grounds for possession listed in the Housing Act 1988.

For assured and regulated tenancies that predate 1989, different rules apply. In Scotland and Northern Ireland, eviction processes are governed by separate legislation, meaning landlords must follow the appropriate legal steps based on their jurisdiction.

How long does it take to get bailiffs to evict tenants?

Once a possession order has been granted by the court, landlords must apply for a warrant of possession to instruct county court bailiffs or a writ of possession for High Court enforcement officers to carry out the eviction. The timeline for this can vary depending on court availability and the complexity of the case.

• County court bailiffs: it can take several weeks or months for an eviction to be scheduled, as waiting times depend on local court backlogs. In some areas, landlords report waiting 6 to 12 weeks from the time of application.
• HCEOs: using High Court enforcement can be a faster alternative, often reducing the waiting period to a few weeks. However, landlords must first apply for permission to transfer the case to the High Court, which can add time to the process.

Unexpected delays can arise if tenants challenge the possession order or request a stay of execution which is a legal order that temporarily halts the enforcement of an eviction after a landlord has obtained a warrant of possession or a writ of possession. It prevents bailiffs or HCEOs from proceeding with the eviction while the court reviews the tenant’s case, further extending the timeframe.

What happens on the eviction date?

On the scheduled eviction date, bailiffs will attend the property to take possession on behalf of the landlord. The tenant will be given an opportunity to leave voluntarily, and if they refuse, bailiffs have the authority to remove them.

• The bailiff’s arrival: bailiffs will notify the tenant of their presence and instruct them to vacate. If the tenant is not present, they may proceed with regaining control of the property.
• Changing the locks: a locksmith is usually required to attend to change the locks immediately, preventing re-entry.
• Possessions left behind: if the tenant leaves belongings behind, landlords must follow legal procedures before disposing of them, as tenants have rights concerning their property.

While landlords can attend the eviction, bailiffs handle the enforcement, and there is no legal requirement for landlords to be present.

Can bailiffs force entry for eviction?

Yes, bailiffs can use reasonable force to enter the property if the tenant refuses to leave. This typically means hiring a locksmith to gain access rather than physically breaking in. However, they must act within the law and avoid unnecessary damage.

• County court bailiffs: can use reasonable force, such as instructing a locksmith to change the locks, but cannot physically remove tenants if they resist.
• High Court enforcement officers: have broader powers, including forcibly removing occupants if necessary.

If a tenant presents an emergency application to suspend the warrant, bailiffs may be required to delay or halt the eviction. In such cases, landlords should seek legal advice to determine the next steps.

AST Assistance’s services

AST Assistance offers comprehensive eviction-related services for landlords. Our team of experts helps simplify the eviction process by handling paperwork, offering robust legal advice and providing moral and emotional support during what can be a stressful period. One of the services we offer is tenant landlord mediation, this would be one of the first steps to looking to resolve an issue with a tenant.

We understand that every eviction case has its unique set of challenges. Therefore, our approach is tailored to each landlord's specific situation. From guiding you on when and how to serve an eviction notice, to aiding you with the possession order and bailiff warrant application, we ensure that each legal requirement is met accurately and promptly.

For advice and guidance, contact us today on 01706 619954, email us at info@ast-assistance.com, or fill out an online contact form below and we will be in touch at a time convenient for you.