How to Evict a Tenant from an HMO Without Breaking the Law

Evicting a tenant from a House in Multiple Occupation (HMO) requires careful adherence to legal procedures. Landlords must ensure that they comply with tenancy laws to avoid fines, legal repercussions, or tenant disputes. This guide outlines the legal routes available to landlords, including Section 21 and Section 8 notices, while also discussing best practices for lawful evictions.

Understanding HMO Tenancies

HMO properties accommodate multiple tenants who share common areas like kitchens and bathrooms. The tenancy type determines the eviction process:

Assured Shorthold Tenancy (AST) – The most common type of tenancy agreement in HMOs.

Excluded Tenancy or License – Often applies to lodgers sharing a home with the landlord.

Non-AST Tenancies – Includes company lets or high-rent agreements.

Understanding the tenancy type is crucial for choosing the right eviction process.

Legal Grounds for Eviction

Before evicting a tenant, landlords must establish legal grounds. The two main legal procedures for eviction are:

1. Section 21 Eviction (No-Fault Eviction)

A Section 21 notice allows landlords to repossess the property without stating a specific reason. However, several conditions must be met:

The tenancy must be an AST and have completed any fixed term.

The notice period must be at least two months.

A valid How to Rent guide, EPC (Energy Performance Certificate), and Gas Safety Certificate must have been provided legal for landlords.

The tenancy deposit must be protected in a government-approved scheme.

If any of these conditions are not met, the Section 21 notice may be invalid.

2. Section 8 Eviction (Fault-Based Eviction)

A Section 8 notice is used when tenants violate the tenancy agreement. Common legal grounds include:

Rent arrears (Grounds 8, 10, 11)

Anti-social behavior (Ground 14)

Damage to the property (Ground 13)

Breach of tenancy agreement (Ground 12)

The notice period varies depending on the grounds. For example, rent arrears require at least two weeks’ notice.

Step-by-Step Eviction Process

Step 1: Serve the Correct Notice

Use Form 6A for Section 21 notices.

Use Form 3 for Section 8 notices, specifying the grounds for eviction.

Ensure proper delivery by hand, post, or email (if the tenancy agreement permits).

Step 2: Wait for the Notice Period to Expire

Landlords must wait for the notice period to end before taking further legal action.

Step 3: Apply for a Possession Order

If the tenant does not leave after the notice period:

Apply for an Accelerated Possession Order (Section 21) – No court hearing is usually needed.

Apply for a Standard Possession Order (Section 8) – Required if rent is owed.

Step 4: Court Proceedings and Eviction

If tenants do not comply, the court may issue a possession order.

If tenants still refuse to vacate, apply for a warrant of possession for bailiff enforcement.

Common Pitfalls to Avoid

Retaliatory Eviction: Section 21 notices can be invalid if served after a tenant complains about property conditions.

Harassment and Illegal Eviction: Changing locks, shutting off utilities, or using intimidation is illegal and can result in severe penalties.

Invalid Documentation: Ensure all tenancy-related documents are in order to prevent delays.

Seeking Professional Help

Landlords can seek assistance from tenant eviction specialists or legal professionals to ensure a smooth eviction process. Services may include:

Drafting eviction notices.

Court representation.

Mediation between landlords and tenants.

Conclusion

Evicting a tenant from an HMO legally requires careful compliance with the law. Landlords must follow the correct legal procedures, serve proper notices, and, if necessary, obtain a court order. Seeking professional help can further ensure that the eviction is handled correctly and lawfully.