Handling Evictions in HMOs Smoothly and Legally

Evicting a tenant from a HMO property is never ideal, but sometimes it becomes necessary. Whether it’s due to rent arrears, antisocial behaviour, or a breach of tenancy terms, handling the process correctly is essential to avoid legal complications.

HMO landlords in Liverpool must follow strict regulations to ensure a smooth and lawful eviction. Getting it wrong can result in delays, financial loss, or even legal action from the tenant.

So, here’s what you need to know to manage the process effectively.

Understand the Legal Grounds for Eviction

Before starting the eviction process, it’s crucial to understand whether you have a valid legal reason to remove a tenant. The law is designed to protect both landlords and tenants, meaning you can’t evict someone without just cause. Knowing the correct legal grounds ensures you take the right approach from the start.

The most common reasons for eviction in HMOs include

• Rent arrears or failure to pay rent on time.
• Repeated breaches of tenancy terms, such as property damage or subletting.
• Antisocial behaviour that disrupts other tenants or neighbours.

Issue the Correct Notice

Once you have a valid reason to evict a tenant, the next step is serving the correct legal notice. The type of notice depends on why you’re evicting the tenant. Serving the wrong notice or failing to follow the right procedure can lead to delays or even invalidate the eviction. Knowing which notice to use and ensuring it is served properly is key to a smooth process.

• Section 21 Notice: This notice is used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy, without needing to provide a specific reason. It requires at least two months’ notice and must be served in accordance with the correct legal procedures. Landlords should ensure that they have complied with deposit protection rules and provided tenants with the necessary legal documents, such as the Energy Performance Certificate (EPC), How to Rent guide, and Gas Safety Certificate, before serving the notice.
• Section 8 Notice: This notice is used when a tenant has breached the tenancy agreement, such as failing to pay rent or causing significant damage to the property. The grounds for eviction under Section 8 are listed in Schedule 2 of the Housing Act 1988, and the notice period depends on the specific ground cited. For example, rent arrears of two months or more typically require a two-week notice period, while other breaches may require a longer notice period. If the tenant disputes the eviction, the case may need to be decided in court, where the landlord must provide sufficient evidence to support their claim.

Keep Records of Everything

Documentation is crucial in any eviction process. If a tenant disputes the eviction or refuses to leave, having a clear paper trail can help protect you in legal proceedings. Keeping records ensures you can prove any breaches of the tenancy agreement, rent arrears, or other justifications for the eviction. Good record-keeping can be the difference between a straightforward eviction and a long, drawn-out process.

Records you should keep include:

• The tenancy agreement and any correspondence with the tenant.
• Payment records showing rent arrears.
• Complaints from other tenants or neighbours, if applicable.

Follow the Proper Legal Process

If the tenant refuses to vacate your HMO property in Liverpool after receiving notice, you may need to escalate the process. Simply changing the locks or forcing a tenant out is illegal and can result in legal action against you, so instead, landlords must apply for a court order to regain possession legally. This ensures the eviction is handled correctly and avoids any risk of unlawful eviction claims.

Here’s what to do:

• Apply for a Possession Order: If the tenant doesn’t leave by the date stated in the notice, you’ll need to apply to the court for possession.
• Bailiff Enforcement: If the tenant still refuses to vacate, you’ll need to request a warrant for eviction, allowing court-appointed bailiffs to remove them.

Communicate with the Tenant

Evictions can sometimes be avoided through clear and open communication. Many issues, such as rent arrears, arise due to temporary financial difficulties, so speaking with the tenant and offering solutions before starting the legal process can sometimes resolve the situation without the need for eviction. A proactive approach can save time, legal fees, and stress for both parties.

Here’s what to consider:

• Offer a payment plan if the tenant is struggling with rent.
• Provide a reminder about tenancy obligations to address behavioural issues.

Work with a Professional HMO Property Management Company in Liverpool

The eviction process can be legally complex, and making mistakes can be expensive. If you’re unsure about any part of the process, seeking expert advice is a smart move. Working with a legal professional or an experienced HMO property management company in Liverpool ensures the eviction is handled correctly and efficiently.

Next steps:

• Seek legal advice if you’re unsure about the eviction process.
• Use a property management company like Portus Lets to handle difficult tenants and legal notices.

Preventing Evictions in the Future

Evictions are time-consuming and stressful, so it’s always best to prevent them where possible. Selecting reliable tenants, setting clear expectations, and conducting regular inspections can help avoid issues that lead to eviction. By being proactive in tenant selection and management, landlords can reduce the risk of eviction and maintain a stable rental income.

Remember to do the following:

• Conduct thorough tenant referencing to ensure reliability.
• Regular property inspections help identify problems before they escalate.

What Next?

Evictions can be challenging, but following the correct legal process ensures landlords stay compliant and avoid unnecessary complications. HMO landlords in Liverpool should always take the right legal steps to protect their property and rental income. Seeking professional advice or using a HMO property management service can make the process much smoother and less stressful.

If you need support managing tenant evictions or want professional HMO property management, contact our team at Portus Lets today. Call us on 0151 329 3538 or email hello@portuslets.co.uk to discuss your needs.