Avoid These Common Eviction Pitfalls as a Rental Landlord
Common Eviction Pitfalls as a Rental Landlord
Evicting a tenant is never easy. It can be one of the most stressful experiences a landlord faces. Whether you’re renting out a small flat or managing a large property portfolio, the eviction process needs to be handled carefully. Rushing into things or skipping steps can lead to legal trouble, delays, or financial loss.
In this article, we’ll look at the most common mistakes landlords make during evictions and how to avoid them. Whether it’s a residential eviction or a commercial eviction, these tips will help you stay on the right track. If you’ve ever thought about evicting a tenant, this guide is a must-read.
Not Knowing the Legal Reasons for Eviction
One of the first and most serious mistakes landlords make is trying to evict a tenant without having a proper legal reason. You can’t just ask someone to leave because you’re unhappy with them.
For residential evictions, legal reasons include rent arrears, property damage, anti-social behaviour, or ending a tenancy at the right time. You need to follow the proper procedures, like serving a section 8 or section 21 notice, depending on the situation.
With commercial evictions, there are different rules. These often involve clauses in the lease and may require going to court, especially if the tenant has breached the lease or hasn’t paid rent.
Always double-check your reason for eviction. If you’re unsure, speak to eviction specialists or seek first 4 landlord advice before taking any action.
Serving the Wrong Eviction Notice
Using the wrong eviction notice is another common error. In residential cases, there are two main types:
- Section 8: Used when the tenant has broken the terms of the tenancy, like not paying rent or causing damage.
- Section 21: Used to regain possession at the end of a fixed-term tenancy, even if the tenant has done nothing wrong.
Using the wrong notice or filling it out incorrectly can cause your eviction to fail. This means starting over from scratch, which wastes time and money.
It’s a good idea to have an eviction specialist UK check the notice before serving it. A small mistake here can delay the whole process.
Not Protecting the Tenant’s Deposit
By law, if you take a deposit from your tenant, it must be protected in a government-approved deposit scheme within 30 days. You also need to provide the tenant with the correct information about where their deposit is protected.
If you don’t do this correctly, you may not be able to serve a section 21 eviction notice, and the tenant could take you to court. You might have to pay a penalty of up to three times the deposit amount.
This is a common issue, especially for new landlords. If this applies to you, don’t rush into evicting a tenant. Speak to a tenant eviction specialist for guidance.
Trying to Evict Without a Court Order
Sometimes landlords try to take shortcuts by changing the locks or cutting off the utilities to force a tenant out. This is known as an illegal eviction, and it’s a criminal offence in the UK.
You must always follow the legal eviction process. If a tenant doesn’t leave after receiving a proper eviction notice, you need to apply to the court for a possession order. If they still don’t go, you’ll need to request bailiffs to remove them.
Trying to skip these steps can lead to serious penalties, including fines and even prison in extreme cases.
Always follow the law and work with eviction specialists to make sure you do things properly.
Confusing Residential and Commercial Evictions
There are big differences between a residential eviction and a commercial eviction. Each type follows different rules and legal procedures.
- For residential eviction, you’ll typically use Section 8 or Section 21 notices, and tenants have a lot of legal protection.
- For commercial evictions, the process usually depends on what’s written in the lease, such as forfeiture clauses, and may require a completely different approach.
Don’t assume the same rules apply to both. If you’re not sure, it’s wise to speak to an eviction specialist UK who understands both types of tenancy.
Not Keeping Records and Documentation
Proper documentation is essential when dealing with evictions. If the case goes to court, you’ll need to provide evidence that you followed the right steps.
Important records include:
- Signed tenancy agreements
- Rent payment history
- Copies of any eviction notices
- Emails or texts between you and the tenant
- Photos of any property damage
Without these records, the court may not grant you possession, even if the tenant clearly did something wrong.
Tenant eviction specialists can help you prepare your documents and organise your case so everything is ready for court.
Letting Emotions Take Over
It’s easy to get emotional when a tenant refuses to pay rent or causes damage to your property. But acting out of anger can make things worse.
Some landlords send threatening messages or make surprise visits to pressure tenants to leave. This behaviour is illegal and can backfire badly. The tenant could report you for harassment, and your case could be thrown out of court.
Instead, stay calm and professional. If you find the situation too stressful, hire an eviction specialist to handle the communication for you. They can take the pressure off and make sure the process stays on track.
Underestimating How Long Evictions Take
Many landlords think once they serve an eviction notice, the tenant will leave within a week or two. In reality, the process can take several months, especially if the tenant doesn’t leave voluntarily.
Here’s a basic outline of how long it can take:
- Notice period (2 weeks to 2 months depending on the notice type)
- Waiting for a court hearing
- Court issues a possession order
- Bailiff appointment (if needed)
Delays are common, especially if the court system is busy. It’s important to plan for this and not expect a quick fix.
While waiting, use the time to prepare for what’s next — like advertising the property, doing maintenance, or talking to letting agents. First 4 landlord advice can also help you prepare and avoid surprises.
Not Getting Professional Help
Some landlords try to handle everything themselves to save money. But this can end up costing more if mistakes lead to delays or legal trouble.
If you’re not familiar with the eviction process, or if the tenant is challenging you, it’s best to speak with a professional. An eviction specialist UK or tenant eviction specialist can guide you through the process, serve notices correctly, and even represent you in court if needed.
It’s especially important to get help if:
- Your tenant is disputing the eviction
- You’ve made mistakes in paperwork
- There are issues with the deposit or tenancy agreement
Working with eviction specialists gives you peace of mind and improves your chances of a smooth, successful eviction.
Reletting the Property Too Soon
Sometimes landlords assume the tenant will leave after the notice period and begin advertising the property before the eviction is complete. But until you have a possession order and the tenant has left, you can’t legally let someone else move in.
Reletting too early can cause major problems, such as overlapping tenancies or even legal claims from new tenants.
Always wait until the eviction process is fully completed — including any necessary court orders or bailiff action — before starting a new tenancy.
If you’re unsure when it’s safe to move forward, ask tenant eviction specialists for advice.
Final Thoughts
Evictions are never pleasant, but they don’t have to be a nightmare. Most of the problems landlords face come from rushing into things or not knowing the proper process.
To avoid these common eviction pitfalls:
- Make sure you have legal grounds to evict
- Use the correct eviction notice
- Protect the tenant’s deposit properly
- Don’t try to evict without a court order
- Understand whether it’s a residential or commercial eviction
- Keep all records and stay organised
- Stay calm and professional
- Be realistic about timelines
- Don’t hesitate to seek help from eviction specialists
If you’re ever in doubt, it’s always better to get advice early rather than make a costly mistake later.
Need support with an eviction? Get in touch with our trusted team of professional eviction specialists, and let us help you handle the process legally, quickly, and with confidence.