Tenant Eviction…How to do it
In my opinion no landlord would like to go through the complex and time-consuming process of evicting a tenant. But at times there is no choice left. The reasons could be anything ranging from non-payment of rent or nuisance to breach of the tenancy agreement and so on.
When and how a landlord can evict a tenant depends on where he lives and the type of tenancy involved.
If the landlord has not received satisfactory rent arrears repayment then he has full right to take legal action in order to recover the outstanding rent payment and ultimately to evict a tenant.
When your tenant is defaulting on rent, then as a landlord you can take recourse to two types of court proceedings.
- Accelerated possession procedure and
- Rent arrears ground
Accelerated possession Procedure
In this procedure, you don’t have to go through hearings and the order is made on the paperwork. If all your relevant paperwork is in order, then you should go for this method.
You can use this if
- The tenancy is an assured shorthold tenancy (AST)
- The tenancy agreement is in written and
- A section 21 notice is served on the tenant.
If you win you obtain an order for possession and an order that the tenant pay fixed costs.
The advantage of this type of procedure is that it is comparatively fast, and there are no court hearings.
Under the Rent Arrears Ground
Under this proceeding, court order is given only after attending the court hearings. You can go for this method if your tenant owes you more than 2 months or 8 weeks rent.
You issue a section 8 housing act notification to your tenant and a notice period of two weeks to repay the arrears. If he fails, then the court will fix the date for a hearing and you need to provide proof of the rent arrears.
posted by Andrew at
10:23 PM
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