Cardiff landlord fined £945 for illegal eviction attempt via WhatsApp. New rules are coming, requiring landlords to stay compliant.
Alex Cook said landlords should know tenancy laws. Many landlords only manage one or two properties and may not know the rules for ending a tenancy. Landlords must understand the tenancy type before acting because it dictates the required notice period and the necessary legal steps.
The common UK tenancy is an Assured Shorthold Tenancy (AST). Landlords can use Section 21 or Section 8 notices to regain possession.
Section 21 lets landlords regain property without stating a reason, but the process still needs specific actions. You cannot give a Section 21 notice in the first four months. Give at least two months’ notice to leave.
Also, give tenants a valid EPC, a gas safety certificate, and the ‘How to Rent’ guide. Provide them with deposit protection details. If you fail to protect the deposit, the notice is invalid, and the court will reject your claim. This can cause delays plus extra costs.
Section 8 is for tenancy breaches. This happens if tenants don’t pay rent or damage property. Landlords can use a Section 8 notice, citing reasons for possession. Rent arrears are a common reason; other reasons include property damage or bad behavior, and moving back into the property also works.
Notice periods change based on the reason. For serious rent arrears, give two weeks’ notice. Other breaches usually need two weeks to two months.
If tenants stay after the notice date, go to court and apply for a possession order. Trying to remove tenants yourself is illegal. Don’t change locks or remove belongings, and don’t intimidate them because it can lead to criminal charges.
The court process needs filing papers and waiting for a court date, which can take weeks. Then, you attend a court hearing. If you win, you get a possession order.
Even with a court order, landlords cannot evict tenants. If they refuse to leave, get a warrant. This lets bailiffs do the eviction.
The Cardiff case shows mistakes to avoid. Sending notices by text or verbally is invalid. The notice must be written properly and arrive correctly.
Entering the property or changing locks is illegal, as is harassing tenants with threats. Do not cut off utilities or visit them too much. Removing tenants without court orders counts as illegal self-help eviction. Illegal eviction fines can be high, and landlords may also face civil claims, with damages costing thousands of pounds.
Stay informed about new laws impacting rentals. The Renters’ Rights Bill is moving through Parliament and may pass after Easter 2025. It will change the eviction process a lot; it will remove Section 21 evictions and change the rental system.
Prepare for these changes coming. For now, follow current rules to avoid problems like the Cardiff case.
The Cardiff case matters a lot. Courts take unlawful evictions seriously, regardless of whether landowners knew the law, because ignorance is no excuse. Shortcuts can cause fines, plus criminal records.
Get legal advice for tricky situations. It costs less than fixing a bad eviction, and legal help protects landlords’ interests while also respecting tenants’ rights. Rental property involves business and legal duties. Running any business needs rules; landlords must know housing law, learn the requirements, or work with experts.