LANDLORD GUIDE: Everything you need to know about gaining VACANT POSSESSION 🔓
#CAVENDISHEXPERTS in 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...
When it comes to legals, it's our area of expertise. We learn about all the nuances and intricacy surrounding all legislation so that 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 (pictured above), Associate Director for Finance and Compliance 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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