How Can I Legally Evict My Tenant to Move Back In Under the New Renters' Rights Bill?

Can I Still Ask a Tenant to Leave So I Can Move Back In?

Yes, landlords are still allowed to reclaim their property to live in it themselves. However, this must now be done through a specific legal route, with set criteria and notice periods.

New Legal Requirements

Under the updated rules, you can issue a notice to evict your tenant so you or a close family member can move into the property. However, certain conditions must be met:

• The tenancy must have lasted for at least 12 months before you issue notice.
• You must provide a minimum of four months' written notice stating your intention to move in.
• You must use a Section 8 notice with the correct mandatory ground for personal use of the property.
• If the tenant does not leave voluntarily, you will need to apply to the court for a possession order.

What If the Tenant Doesn't Leave?

If your tenant refuses to vacate the property after the notice period, the next step is to begin formal legal proceedings. This involves applying for a possession order through the county court. If the court grants the order and the tenant still doesn't leave, bailiffs may be instructed to enforce it.

Restrictions After Regaining Possession

Once you've evicted a tenant on the grounds of moving back in, you cannot let or re-let the property to anyone else for at least 12 months. This rule is designed to prevent abuse of the system and ensure landlords are genuine in their intentions.

Key Steps for Landlords

• Check that the tenancy has lasted at least 12 months before serving notice.
• Serve a Section 8 notice, clearly stating your reason for eviction and giving four months' notice.
• Prepare for a potential court process if the tenant chooses not to leave voluntarily.
• Do not attempt to re-let the property within 12 months of taking it back, or you could face penalties.

Why These Changes Matter

These new rules aim to give tenants greater security and stability. At the same time, they provide a structured process for landlords who have legitimate reasons to reclaim their property. If you intend to move back in, it's essential to follow the correct legal steps and prepare for possible delays in the process.

If you need to move back into your rental property under the new Renters' Rights Bill, you can still do so legally - but the process is now more regulated. You'll need to serve the correct notice, wait the required time, and potentially go through court proceedings. With proper preparation, adherence to legal compliance and working with a trusted lettings agent like Farrell Heyworth, regaining possession is possible; however, rushing the process or skipping steps could result in costly delays or legal challenges.