Everything you need to know about gaining Vacant Possession 🔓
#CAVENDISHEXPERTS! The logical choice for Lettings, Sales and Property Management in Nottingham | Cavendish Residential | One Fletcher Gate NG1 1QS | 0115 941 0656 | www.cavendishproperty.co.uk
Vacant Possession is the term given to a property where the Tenant has moved out, there are no occupiers and full control is back with the Landlord.
Vacant Possession can only happen 1 of 2 ways...
🔹 The Tenant agrees a move out date with the Landlord and surrenders their keys on that date
🔹 The Tenant does not agree a move-out date with the Landlord and therefore a bailiff is required to remove them and their belongings - it's only at this point that the Landlord is permitted to take control of their property i.e. successfully gaining possession
Clearly, in the first instance - it's straight-forward. Even if a Tenancy is in a fixed period - providing Landlord and Tenant agree - a move-out can be completed ✅
In the second scenario, court action will be needed... ❌
How to gain Vacant Possession through a court
🔸 As mentioned above, if the Landlord and Tenant cannot agree a move-out date for vacant possession - the only option available to guarantee vacant possession is a visit from the bailiff
🔸 In order for the bailiff to attend, they would need evidence that the Tenant is still occupying the property at the expiration of the date shown on a Vacant Possession Order (VPO - issued by the court) i.e. without a VPO a bailiff cannot legally carry out the eviction
Okay, so the Landlord needs a VPO - how is this done?
🔹 In order for the court to issue a VPO, they would need evidence that the Tenant is still occupying the property at the expiration of the date shown on a Section Notice (issued by the Landlord).
So, as a 3-step summary in chronological order...
🔹 The Landlord issues a Section Notice to the Tenant with a set date - the Tenant doesn't leave on this date
🔹 The Landlord escalates to the court, the Court issues a Vacant Possession Order to the Tenant with a set date - they still don't leave
🔹 The Landlord instructs a bailiff who then has the power to physically remove the Tenant and their belongings
Which notice should a Landlord serve?
🔸 To get the application to the court under way, consider Step 1 above: Landlords are required to serve notice on the Tenant
🔸 In general, it's accepted that a Landlord would issue a notice for Vacant Possession either:
🔸 A no-fault eviction - example: best Tenant in the world, no problems whatsoever - Landlord just wants their property back because they want to live in it themselves
🔸 A breach of Tenancy eviction - example: Tenant is way too noisy, is destroying the property, annoying the neighbours and not paying rent - Landlord wants property back to clean it up and rent it to someone who is going to look after it!
🔸 You may have heard the terms: Section 21 and Section 8 - this is where they come in.
🔸 These are both Section Notices (in a set format that can be downloaded here) - the former served for no-fault evictions, the latter to Tenants that are in breach of their contractual terms.
That's the process: how long does it take and cost?
In non-fault situations the Landlord is permitted to set a vacation date of 2 months (as long as the notice expiration date falls on or after the expiration of the Fixed Term).
In general, timings would look like this:
⌚ Month 0 > Serve 2 month notice
⌚ Month 2 > Apply for a VPO
⌚ Month 4 > VPO expires
⌚ Month 5-6 > Bailiff = VACANT POSSESSION
In breach of contract situations (Section 8) - a vacation date as little as 14 days could be set (depending on the severity of the breach).
As a summary, it means that Landlords wanting vacant possession should plan for approximately 6-7 months to get everything completed - the fee to submit the court order is £355.
If Landlords are accruing rent arrears in this time period, we would advise that all focus and energy goes into obtaining the VPO - a full log of unpaid rent will be kept so that the Landlord can start a money claim online to recover monies owed (up to 6 years after vacant possession to pursue any monetary loss).
Peace of mind for Cavendish Residential customers...
🔹 When it comes to legals, it's our area of expertise. We learn about all the nuances and intricacy surrounding all legislation so that our Landlords don't have to!
🔹 There are plenty of details to consider when it comes to evictions and how they work: this article is really just a general overview and perhaps a foundation for Landlords to make an application if needed.
🔹 If you would like further advice/guidance/specific information relating to a particular Tenancy - please email Scott Sneath, of Operations at Cavendish Residential (scott.sneath@cavendishproperty.co.uk) - Scott will happily schedule a call with you so you can discuss best options/routes available.
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