If the tenancy on your property has expired or you are having problems with your tenants, you’ll need to know how to go about evicting them from your property. The laws governing tenant evictions are incredibly strict and it’s essential that you follow the correct guidelines to avoid being accused of harassment or illegal eviction. Tenant evictions reached a 6-year high in 2015 so this is an increasingly serious issue for many landlords across the UK. Read on for this useful guide on how to legally evict your tenant:
Ensure you give the correct notice
To legally evict a tenant you must give them at least two months’ notice in writing. This is a legal requirement under Section 21 of the Housing Act 1988. It’s essential that the notice specifies the date of required possession. This is the first stage in the eviction process so it’s very important that the date is correct. Fixed term tenants are unable to be evicted until their tenancy ends.
If you need to evict a tenant because they have broken the terms of the tenancy, for example their rent is in arrears by more than 2 months, you are entitled to give them a Section 8 notice of seeking possession. In this case, you can give between 2 weeks and 2 months’ notice – the exact duration will depend on which terms they have broken.
What happens if my tenants don’t leave on time?
If your tenants refuse to leave by the date stated on their written notice then you have the right to go to court and seek a possession order. It’s important to note that the court will not be able to grant a possession order if your tenant is within the first 6 months of their tenancy.
There are various grounds for mandatory tenant eviction. For shorthold tenancies, you are entitled to get a possession order once the fixed term has expired. If you’ve served a Section 8 notice because of rent arrears you can also get a possession order through the courts.
Speeding up the process – Accelerated Possession Procedures
You can only use this service if your tenant is on an assured shorthold tenancy and if you’ve served them with the correct Section 21 notice. The accelerated possession procedure can save a lot of time as there is no court hearing, taking an average of 6-10 weeks if there are no major issues. You can fill out a form online and send it directly to court along with a payment of £280. The court will post the papers to your tenant; they will have the chance to lodge an objection but assuming the process goes smoothly you will get an order for possession and your tenant will have to pay the court fee.
Evicting a tenant can be a lengthy and time-consuming process, so getting professional advice can make all the difference at this stressful time. David Charles Property Consultants offer a comprehensive landlord and tenant service with extensive experience in effectively managing dispute resolution.
Disclaimer – This is a guest blog provided by a third party. As such, it does not represent the views or opinions of Right Surveyors ltd or any associated company.