for matters (good and bad).
Are you a landlord who must evict tenants from your rental property? You have likely come to the end of your tether and exhausted options to peacefully remove those living in your home and reclaim your property.
Evicting a tenant can be a highly worrying, stressful time. Emotional outbursts and heavy- handedness can make matters worse, as tempers can flair when trying to deal with the tenants you want to be removed. Your actions can easily land you accused of harassment or illegal eviction, something best avoided by doing everything properly to comply with the latest eviction laws. These are regularly reviewed, so being aware of what you can and can’t do is essential. Of course, you may simply want to reclaim your home through no fault of the tenants, or as is more common, you have tenants who cause nuisance, damage your property or are not paying the rent.
Tenants are never likely happy at the prospect of eviction, so ensuring you act lawfully will considerably improve your chances of successfully reclaiming your rental property.
Helping you get it right
If you need to evict your tenant, it’s essential to follow the proper process depending on the type of assured shorthold tenancy. Many landlords do not need to put the entire weight of the law behind their eviction, as negotiations before this stage are effective. Keeping good ongoing relationships through the tenancy makes things easier. Using the letting management services of a property agent, such as ourselves, for matters (good and bad)
Involving the tenants can diffuse many situations. Around 75% of tenants respond positively at stage 1 by either paying monies owed or leaving the property to avoid court action.
For the remaining 25%, you will need to issue either a Section 21 or Section 8 notice. You may then need to apply for a standard possession order if they have not left by the date specified and owe rent. An accelerated possession order can expedite proceedings if no money is owed. Court action for which a fee is payable is then necessary. Court hearings generally require the landlord or their managing agent to attend. Witness statements can be prepared and presented if this is not possible.
Once a repossession order is granted, the tenant is generally given 14 days to leave the property and pay the outstanding monies. If your tenant will still not leave, you should apply for a warrant for possession to give the right of entry and eviction to bailiffs. The county court process can take 6-10 weeks to enforce, and the landlord or their representative should always attend the warrant execution alongside the County court bailiff and appointed locksmith. Remember you are not permitted to change locks or remove tenants’ belongings until a warrant of execution is granted.
Avoid an Illegal tenant eviction
If your repossession is not handled following eviction legislation, the case will be thrown out of court. Getting professional assistance with your application will give you the greatest chance of success. If you do not follow the correct process, you can face court fines if you push ahead to evict a tenant illegally.
You must then start again using the lawful route and face the extra fees and time taken to stand any chance of repossessing your rental property.
If you need advice or assistance with a difficult tenant, contact us to see how we can help.
