How landlords can avoid costly mistakes when asking tenants to leave
Key Points:
- After a Cardiff landlord was fined for evicting a tenant via WhatsApp, an expert property litigation solicitor explains the proper legal procedures landlords must follow
- Expert outlines the specific notices required for different tenancy types, timing requirements, and steps to take if tenants refuse to leave
- Property solicitor warns that improper evictions can result in significant financial penalties and potential criminal charges
A Cardiff landlord was recently prosecuted and ordered to pay £945 after attempting to evict tenants through WhatsApp messages and forcing them to leave without following proper legal procedures. The case highlights the serious consequences landlords can face when they fail to comply with housing laws.
“Many landlords, especially those managing just one or two properties, don’t realise there are strict legal requirements for ending tenancies,” explains Alex Cook, a specialist commercial and property litigation solicitor at Helix Law, a UK-based firm specialising in complex litigation and dispute resolution nationally.
In light of this recent prosecution, Cook has provided a comprehensive guide to help landlords understand the correct and legal way to evict tenants, preventing costly mistakes and potential legal action.
Understanding Your Legal Options as a Landlord
Before taking any action to remove tenants, landlords must understand what type of tenancy is in place, as this determines the required notice period and procedures.
“The most common tenancy type in England is an Assured Shorthold Tenancy (AST),” explains Cook. “For these tenancies, landlords have two main routes for regaining possession: Section 21 ‘no-fault’ notices and Section 8 notices for when tenants have breached tenancy terms. In Wales the position is different and section 21 and section 8 notices no longer exist.”
Section 21 Notices – The ‘No-Fault’ Eviction
In England a Section 21 notice allows landlords to regain possession without providing a specific reason, though this process has specific requirements:
Timing: Landlords cannot serve a Section 21 notice within the first four months of a tenancy, and the notice must give tenants at least two months to vacate.
Documentation: Before serving this notice, landlords must ensure they’ve provided tenants with:
- A valid Energy Performance Certificate
- A current gas safety certificate
- The government’s ‘How to Rent’ guide
- Details of any deposit protection
“If you’ve failed to protect the tenant’s deposit correctly or haven’t provided the required documentation, your Section 21 notice will be invalid,” warns Cook. “The court will reject your claim, potentially resulting in significant delays and costs.”
Section 8 Notices – For Tenancy Breaches
When tenants have broken the terms of their tenancy agreement, such as not paying rent or damaging property, landlords can use a Section 8 notice, citing one or more of the 17 grounds for possession.
“The most commonly used grounds are rent arrears, but other valid reasons include property damage, anti-social behaviour, or the landlord needing to move back into their property,” Cook explains.
The notice period for Section 8 varies depending on the grounds cited:
- For serious rent arrears (two months or more), landlords may only need to give two weeks’ notice
- For other breaches, notice periods typically range from two weeks to two months
After Notice: The Court Process
If tenants don’t leave by the date specified in either notice, landlords must apply to the court for a possession order.
“This is where many landlords make costly mistakes,” says Cook. “Attempting to remove tenants yourself after the notice period ends, whether by changing locks, removing belongings, or intimidating tenants, is illegal and can result in criminal charges.”
The court process typically involves:
- Filing possession claim forms with the court
- Waiting for a hearing date (which can take several weeks)
- Attending a court hearing
- Receiving a possession order if the judge rules in your favour
“Even with a possession order, landlords cannot remove tenants personally,” Cook emphasises. “If tenants still refuse to leave, you must apply for a warrant of possession, which allows court-appointed bailiffs to carry out the eviction.”
Common Mistakes That Lead to Prosecution
The Cardiff case highlights several serious errors landlords should avoid:
Informal Communication: “Serving notice via text, WhatsApp, or verbal communication is not legally valid,” says Cook. “Notices must be in the proper written format and delivered appropriately.”
Forced Entry: Entering property without permission or changing locks while tenants still have legal right to occupy is illegal.
Harassment: Pressuring tenants to leave through threats, cutting off utilities, or repeated unwanted visits constitutes harassment.
Self-Help Eviction: Removing tenants or their belongings without proper court orders.
“The financial penalties for illegal eviction can be substantial,” Cook notes. “Beyond fines like those in the Cardiff case, landlords might also face civil claims from tenants for damages, which can run into thousands of pounds.”
Upcoming Changes to Eviction Laws
Cook also advises landlords to stay informed about pending legislation that could affect their rental properties.
“The Renters’ Rights Bill is currently progressing through Parliament and is expected to become law after Easter 2025,” Cook explains. “This bill proposes significant changes to the eviction process, including the abolition of Section 21 ‘no-fault’ evictions and the introduction of a single system of periodic tenancies in England.”
“While these changes haven’t taken effect yet, forward-thinking landlords should begin preparing for these potential adjustments. In the meantime, it’s absolutely essential to follow current procedures correctly to avoid situations like the recent Cardiff prosecution.”
Alex Cook, a specialist commercial and property litigation solicitor at Helix Law, commented:
“The case in Cardiff demonstrates that courts take unlawful evictions very seriously, regardless of whether a landlord was aware of their legal obligations. Ignorance of the law is not a defence, and attempting shortcuts can result in significant financial penalties and potential criminal records.
“For landlords facing difficult tenancy situations, I always recommend getting professional advice before taking action. The cost of proper legal guidance at the start is invariably less than dealing with the consequences of an improper eviction. Even in cases where tenants are causing serious problems, there are legal remedies available that protect landlords’ interests while respecting tenants’ rights.
“Remember that rental property is both a business and a legal responsibility. Just as you wouldn’t expect to operate another type of business without understanding the relevant regulations, being a landlord requires familiarity with housing law. Taking the time to learn these requirements or working with specialists who understand them is essential for anyone letting property in today’s market.”
