Frequently Asked Questions: Evicting a Tenant in the UK

Are you a landlord facing the challenging situation of needing to evict a tenant? Navigating the legal process can be complex, so we’ve compiled this comprehensive FAQ to answer your most pressing questions about tenant evictions in the UK. This guide covers everything from possession orders to bailiff actions, helping you understand your rights and responsibilities.

What is a Possession Order?

A Possession Order is a court order that legally allows a landlord to evict tenants from their property and regain possession. Crucially, you must obtain a Possession Order from the court before you can instruct bailiffs to carry out the eviction. Learn more about the enforcement of possession orders here. as well as the frequently asked questions on evict a tenant below.

How do I apply for a Possession Order?

You apply for a Possession Order online through the UK government website. Visit www.gov.uk and search for the “Possession Claim Online” form.

For assistance with your application, you can contact the government’s Civil and Family Law Contact Centre:

• Email: cbbc@justice.gov.uk
• Telephone: 0300 123 1057
• Opening Hours: Monday to Friday, 8:30 am to 5 pm

What is the difference between a Section 8 Notice and a Possession Order?

A Section 8 Notice is a preliminary step a landlord takes to begin the eviction process, often due to tenant breaches of the tenancy agreement (e.g., rent arrears or property damage). It is not the same as a Possession Order. A Section 8 Notice alone does not authorise eviction. You must obtain a Possession Order from the court before instructing bailiffs. See the frequently asked questions on evict a tenant below.

What is the difference between a Section 21 Notice and a Possession Order?

A Section 21 Notice is another preliminary step, often used for “no-fault” evictions (e.g., at the end of a fixed term tenancy). It is not the same as a Possession Order. Similar to Section 8, a Section 21 Notice does not allow you to evict a tenant without a subsequent Possession Order.

My tenant owes me rent; can I evict them and recover the debt?

Yes, you can pursue both eviction and debt recovery. A “Combined Writ of Possession and Control” allows for this. Enforcement Agents will first evict the tenant and then attempt to recover the owed rent. A fee applies for this combined service, but it can be added to the debtor’s debt if successful. Contact us for more information on this service.See the frequently asked questions on evict a tenant below.

What is an N244 form?

The N244 form is used to request permission from the County Court to transfer your case to the High Court for a Writ of Possession. A solicitor can assist you in completing this form as part of our service.

Will completing the N244 form myself reduce costs?

While completing the N244 yourself won’t reduce our fees, it can potentially expedite the overall process.

I already have a Writ of Possession; will this reduce costs?

Having a Writ of Possession doesn’t reduce our fees, but it significantly speeds up the eviction process as long as it is the name of our High Court Enforcement Officer

I have a Writ of Possession from another company; can you enforce it?

Yes, but we need to ensure its validity. You’ll need to obtain a “Nulla Bona” return from the original company, allowing us to apply for a new Writ under our High Court Enforcement Officer. This won’t affect the cost and will ensure a faster process.

How long does a tenant have to leave after the Notice of Eviction is served?

Tenants typically have 14 days to vacate the property after the Notice of Eviction is served. If they remain after this period, our Enforcement Agents will remove them.

What happens to the tenant’s belongings after eviction?

After eviction, you become a “voluntary bailee” for the tenant’s belongings. You’re responsible for their safekeeping and return, as per any bailment agreement. We cannot assist with moving belongings; you’ll need to consult your solicitor for this.

Can you evict lodgers or family members?

Yes, We can evict all parties in the property as well as the tenants with a formal tenancy agreement against whom you have obtained a Possession Order. Please consult your solicitor for advice.

Can you evict tenants from a House of Multiple Occupancy (HMO)?

Yes, we can evict tenants from HMOs, provided you have a court-issued Possession Order.

I’m having trouble submitting the online form; what should I do?

Common issues include extra spaces in your email address or incomplete fields. Double-check all entries, refresh your browser, and try again.

Need further assistance with tenant eviction? Contact us today for expert advice and efficient eviction services. We can help you navigate the legal complexities and regain possession of your property quickly and lawfully.

Professional Associations and Certifications

Professional associations and certifications can provide reassurance of a companies credibility and competence. Look for affiliations with industry organisations such as the Association of British Investigators and the High Court Enforcement Officers Association

Choose a company who is recognised by reputable professional associations and holds relevant certifications to ensure that they adhere to industry standards and best practices. Frank G Whitworth and its sister company Quality Bailiffs are true professionals .Some of our team of agents on the ground include Luke, Grant James and Ben

The team At Frank G Whitworth have been providing enforcement services since 1948 with our sister Company Quality Bailiffs we are Professional Private Investigators and High Court Enforcement Officers. Our work was featured on the BBC1’s fly on the wall documentary “The Sheriffs are Coming” Our team understand all about the importance of acting quickly and professionally.
For help with Enforcement of a Possession Order 
Contact Frank G Whitworth/Quality Bailiffs London Office now to discuss using our Writ of Possession in London service.
0208 106 5397
sales@frankgwhitworth.co.uk
124 City Road, London, EC1V 2NX