How to serve eviction notices properly

Lawpack on March 27, 2020

How to serve eviction notices correctly and ensure proof that the notice has been served on your tenant

As a landlord, when you’re asking your tenant to move out it’s very important that your eviction notice is in the correct form, as otherwise you won’t be able to use it in court proceedings for possession.

A letter simply asking the tenant to leave by a certain date will not be sufficient.

The following eviction notices must be used when terminating a tenancy; the right eviction notice to use depends on your jurisdiction and the situation:

England

  • Section 8 Notice – Used to evict a tenant for rent arrears

Serving an eviction notice in the correct form

When you’re serving an eviction notice, it’s important that the names of the parties and the address on the notice to terminate should match those in the tenancy agreement.

Even if some tenants have moved out, they should still be named on the notice if they were named on the most recent tenancy agreement.

If the tenant is renting a room in a shared house, you need to specify the room (e.g. ‘room 1’) rented by the tenant, as well as the property address.

Serving an eviction notice by hand

Whenever it’s possible, you should serve an eviction notice to your tenant either by handing the notice to the tenant personally or by leaving the notice at the property, normally by inserting it through the letterbox of the property in an envelope addressed to the tenant(s).

If you are leaving it for the tenant at the property it must not be left in a communal post box or table, but must be placed in a private box or under the door of the property.

If in doubt, it should be taped to the door covering the keyhole and a photograph taken of it.

Serving an eviction notice by post

If you’re unable to serve an eviction notice personally, the notice provides for you to send it by post.

When using the post to serve the eviction notice you should get some evidence of the service by getting a proof of posting, which is freely available from the post office.

But unless you trust the tenant to sign and return the copy notice to you to prove service, service by post isn’t recommended.

This is because there is no way you can prove that it was ever delivered (e.g. if you’re challenged by a tenant at court saying that they have never received the notice). You can send the notice by recorded delivery, but tenants often refuse to accept and sign for recorded delivery items.

Serving notice on a difficult tenant

When you want to terminate a tenancy of a difficult tenant, you should only ever serve a notice by hand. It you can’t do this yourself, arrange for someone else to serve it for you or arrange for the notice to be served by a professional process server.

If you think that the tenant may lie and deny that they received the notice, even when it was delivered by hand, it’s best to use a process server or arrange to have an independent witness present.

Top tips on letting for first-time landlords

Lawpack on March 27, 2020

As the housing market slows, more and more people are being driven to rent property and rents are reaching record highs. Many people are also becoming landlords for the first time as they can’t sell their property and decide to rent it out instead.

Demand for rental property has never been so high and it’s a great time to generate extra income as a landlord.

But what are your obligations as a landlord and how do you get ready for tenants? Here are our top tips on what you need to think about when renting out a property and what you need to do to protect yourself, your property and maximise your rental income.

1. Preparation

Before potential tenants view the property, make sure that it’s clean and that you have finished any DIY. Will you let the property out as furnished or unfurnished? Remember that if you’re providing ‘contents’, then you need wider insurance cover.

2. Health and safety

It’s vital that you comply with fire, gas, electric and furniture regulations. These obligations are discussed in detail in our book The Complete Guide to Residential Letting, written by a solicitor specialising in landlord and tenant law.

You must make regular safety checks and keep records to protect your tenants. Safety checks also help to ensure that your insurance is valid.

3. Using a letting agent

Letting agents are useful if you don’t have time to manage your rental property, but they take between 8-15% of the rental income profit. Although they help you to find tenants, do still get involved with the tenant interviews as it’s important that you’re comfortable with the person moving in. Also, do make sure that you’re getting the most competitive deal from your letting agent.

4. Finding tenants

If you’re letting out the property without using a letting agent, then you need to reference the tenants yourself. Websites, such as Rentcheck’s Tenant Checking Service, can do it for you at a fixed price. It’s vital for you to find out if your tenant is able to pay the rent with a credit check.

5. Know landlord and tenant rights

When renting out a property it’s important that you know your obligations as a landlord. If you want to enter the tenant’s home, for example, then you must give the tenant at least 24 hours’ notice. Lawpack’s Landlord’s Letters provides you with all the template letters you need to help you easily liaise with your tenant.

6. Draw up a tenancy agreement

A tenancy agreement is a great way of protecting your rights and the property. Lawpack’s tenancy agreements are all solicitor-approved and include a long list of terms and conditions, which outline, among others, whose responsibility it is to upkeep the property. A tenancy agreement outlines in writing how long the tenancy will last and the notice period needed to evict the tenant.

Find out more on the dangers of not making a tenancy agreement.

7. Take a deposit

Getting a deposit is a good way of protecting against any damage and all landlords must register a tenant’s deposit with an approved Tenancy Deposit Protection (TDP) scheme. It’s usual for the deposit to be 4-6 weeks’ rent.

8. Make a property inventory

Making a detailed and accurate property inventory is vital if you want to protect your rental property, particularly if it’s furnished. A property inventory proves how the property looked and what was provided the day the tenant moved in and is proof of evidence should there be a dispute over the deposit or any damage to the property.

9. Get insurance

It’s important that you get landlord insurance cover, as most standard house insurance policies don’t provide the level of protection landlords need. A good insurance policy should cover professional tenants, students and DSS tenants, loss of rent, unoccupied periods, alternative accommodation, tracing and accessing leaks, accidental damage, legal expenses and liabilities, plus rent protection.

10. Create an Energy Performance Certificate

By law landlords need an Energy Performance Certificate, detailing the energy efficiency of the property, in order to let or sell it.

10. Eviction

If your tenants are becoming a nuisance and you need them to leave, then you need proof that the tenants have broken the terms of their tenancy agreement. If the tenants are in rent arrears you can start eviction proceedings with Lawpack’s Section 8 Notice.

Find out more on the eviction process with Lawpack’s Tenant Eviction Kit.

More information