Eviction

When a tenant leaves the property without notice, sometimes leaving belongings behind, it can create uncertainty for landlords. You must follow the correct legal process before re-entering or re-letting, as assuming abandonment without a court order can be unlawful.

The process used by tenancy deposit schemes to resolve disputes between landlords and tenants over deductions. It is free, independent, and legally binding.

Costs landlords can deduct from rental income before calculating tax, such as repairs, insurance, or agent letting fees. They must be “wholly and exclusively” for running the rental property.

A free service provided by deposit schemes to settle disputes without going to court. It is quicker and less costly than formal legal proceedings.

The most common type of tenancy in England and Wales, giving tenants the right to occupy for a fixed term or periodically. Landlords regain possession via Section 21 or Section 8 notices.

A tenancy type granting stronger rights to tenants, mainly used before 1997. Landlords can only regain possession on specific statutory grounds.

The all-in-one property management software for self managing landlord and their tenants.

A clause in a tenancy agreement allowing either landlord or tenant to end the tenancy early. It must be clearly worded and correctly served to be enforceable.

A policy that covers the structure of the property, including walls, roof, floors, and permanent fixtures, against risks such as fire, flood, storm damage, or subsidence. Most buy-to-let mortgage lenders require landlords to have it in place as a condition of the loan.

A mortgage designed for properties rented to tenants rather than lived in by the owner. They often have higher interest rates and stricter lending criteria.

Tax paid on profit when selling a rental property that has increased in value. Landlords must report and pay within set deadlines.

Laws requiring landlords to fit carbon monoxide alarms in rooms with solid fuel appliances. From October 2022, this was extended to gas appliances in rented homes.

A document prepared at the start of a tenancy detailing the property’s condition and contents. It helps protect landlords in case of deposit disputes. Take a look at our templates section on Augustapp.com.

A record taken when tenants leave, showing the property’s final condition compared with the check-in. It is vital evidence for deposit claims. Take a look at our templates section on Augustapp.com.

Permission required from a mortgage lender before renting out a property. Letting without it can breach mortgage terms.

One of three government-approved tenancy deposit schemes in England and Wales. Landlords must protect deposits here (or in another scheme) within 30 days. Also see MyDeposits and Tenancy Deposit Scheme (TDS).

Damage or disrepair caused by tenants beyond fair wear and tear. Landlords may claim costs for this from the deposit.

EICR stands for Electrical Installation Condition Report. It's a formal document that assesses the safety and condition of electrical installations in a property.

EPC stands for Energy Performance Certificate. It's a document that rates a property's energy efficiency and environmental impact.

The legal process of regaining possession of a property from tenants. It can only be done through proper notice and, if necessary, a court order.

A legal application made to a court by one party without notifying the other. Rare in landlord-tenant law but can arise in urgent possession matters.

The natural deterioration of a property or its contents through normal use. Landlords cannot claim deposit deductions for this.

A tenancy lasting a set period, such as six or twelve months. It provides stability but limits flexibility until the end date unless a break clause applies.

The landlord’s right to end a lease if the tenant breaches terms, mainly used in commercial property. In residential lets, possession is usually gained through Section 8 or 21.

Annual safety check certificate required for all rental properties with gas appliances, flues, or pipework. Must be carried out by a Gas Safe registered engineer and provided to tenants within 28 days of the check or before they move in.

The statutory reasons under the Housing Act that allow a landlord to seek possession using Section 8. Some are mandatory, like serious rent arrears, while others are discretionary.

A person who agrees to cover rent or damages if the tenant fails to pay. Guarantors often sign a legally binding agreement alongside the tenancy.

HMO (House in Multiple Occupation) is a rental property where 3+ unrelated tenants live together and share facilities like kitchens or bathrooms. Requires special licensing and must meet strict safety and space standards set by local councils.

The system councils use to assess housing conditions and hazards. If risks are serious, they can issue enforcement notices to landlords.

A tax on the estate, including rental property, when a landlord passes away. Planning can reduce exposure, for example through trusts or spousal exemptions.

A detailed list of the property’s fixtures, fittings, and furnishings with photographs. It supports deposit protection and avoids disputes.

A tenancy where two or more tenants share equal responsibility for rent and obligations. If one tenant leaves or defaults, the others remain liable.

Specialist cover for landlords protecting against risks such as property damage, liability claims, and rent loss. Standard home insurance is not usually sufficient.

Local schemes requiring landlords of all properties in a defined area to obtain a licence. They aim to tackle poor housing conditions and anti-social behaviour.

HMRC’s move to digital tax reporting. Landlords with income over set thresholds must keep digital records and file via approved software.

A process where an independent third party helps landlords and tenants resolve disputes. It can be faster and cheaper than going to court.

Mortgage interest used to be fully deductible, but since April 2020 landlords receive a 20% tax credit instead. This is part of the Section 24 tax changes.

One of three government-approved deposit protection scheme. Landlords can choose between custodial and insurance-backed protection. Also see Deposit Protection Service (DPS) and Tenancy Deposit Scheme (TDS).

The minimum amount of time a landlord or tenant must give before ending a tenancy. It depends on the tenancy type and the reason for ending it.

A tenancy that rolls on weekly or monthly once a fixed term ends without renewal. It continues until either party serves notice.

Testing electrical appliances for safety. While not a legal requirement, landlords are expected to ensure supplied appliances are safe.

Specific details landlords must give tenants about their deposit protection. Failure to do so can block Section 21 eviction and lead to penalties.

The Property Ombudsman is a free complaints service for tenants and landlords. Letting agents must be members, and landlords using agents may end up dealing with it indirectly.

A tenant’s right to live in the property without unnecessary disturbance from the landlord. Landlords must give notice before visits and respect tenant privacy.

Rent owed by tenants that has not been paid on time. Persistent arrears are a common reason for possession claims.

A policy covering lost rent if tenants fail to pay. It may also cover legal costs for eviction proceedings.

A tribunal order requiring landlords to repay rent (or Housing Benefit/Universal Credit) if they breach certain laws, such as operating without a licence.

An arrangement where an individual or company rents a property from a landlord and then sublets it to tenants. It can work well, but carries risks if not managed properly.

The return on investment calculated by annual rental income divided by property value. It helps landlords compare profitability across properties.

Legal requirement for landlords to check that all adult tenants have the legal right to rent property in the UK. Landlords must verify and copy approved documents (like passports or visas) before letting a property, with repeat checks needed for those with time-limited immigration status.

A "no-fault" eviction notice that allows landlords to end an assured shorthold tenancy without giving a reason. Requires 2 months' notice and cannot be served in the first 4 months of tenancy. Being phased out under the Renters' Rights Bill.

Tax changes from 2015 that restricted mortgage interest relief, reducing net profits for many landlords. It is a key consideration in buy-to-let viability.

A legal notice landlords use to evict tenants for serious breaches of tenancy. Used for severe issues like significant rent arrears, property damage, antisocial behavior, or illegal activities

Laws requiring landlords to install smoke alarms on every floor of a rental property. They must be tested at the start of each tenancy.

A tax payable when purchasing property. Landlords often pay a higher “additional property” rate.

The automatic rolling tenancy that arises when a fixed-term AST expires and no new agreement is signed. It follows the same terms as the previous agreement.

When a tenant rents out all or part of the property to someone else. It usually requires landlord consent.

A legal contract between landlord and tenant outlining rights and obligations. Most commonly an Assured Shorthold Tenancy in England and Wales.

One of the three approved schemes for deposit protection. Like others, it offers both custodial and insurance-backed options. Also see MyDeposits and Deposit Protection Service (DPS).

Insurance taken out by tenants to protect their personal belongings, such as furniture, clothes, and electronics, against theft, fire, or accidental damage. It does not cover the landlord’s fixtures or fittings, which remain the landlord’s responsibility.

A law banning most upfront tenant fees, such as admin or reference charges. Landlords and agents can only charge for permitted items like rent, deposits, and breaches.

The part of Universal Credit intended to cover rent. Landlords may sometimes be paid directly if tenants are in arrears.

Times when a property is empty between tenancies. They mean loss of rent and often extra costs for landlords.

The inevitable decline in property condition from everyday use. Landlords cannot make deposit deductions for this.

When a tenant refuses to pay rent, often citing disrepair. It is usually unlawful unless ordered by a court.

An alternative to traditional cash deposits, where tenants pay a non-refundable fee or insurance premium. It can speed up lets but leaves tenants with ongoing liability.