Tenant Eviction
The Tenant Eviction Process
If you have failed to extract the rent payment from your tenant (or guarantor) and there seems no hope of a negotiated settlement, then it is time to pursue matters further which probably means court action and/or eviction. Be advised that it is a criminal offence for a landlord to evict a tenant without a court order and you may wish to employ professional help at this stage.
Rent Arrears & The Law Regarding It In England & Wales
The Housing Act 1988 governs private tenancies in England And Wales. If your tenant is behind with their rent payments by more than 8 weeks the a judge can the order for a repossession.
To get your property back it is advised that you serve a section 8 notice on your problem tenant. The problem tenant has 14 days to respond to this notice. If your notice is completed incorrectly it can delay the process of getting your property back from the tenant. It is advisable to seek the help of someone who knows what they are doing such as Landlord Angel.
Court Action And What You Need To Do
When your section 8 notice expires and your tenant still refuses to pay or leave then you will have to apply to the court for a possession proceeding of which the judge will grant you possession of your property. An exception to this may be if the tenant claims the property is in disrepair or if the delay in rent is because of a delay in their Housing Benefit.
Once the judge grants you a possession order your tenant should leave the property as instructed. If they fail to do so then you will need to seek the help of county court bailiffs to remove the tenants from your property.
Complete and serve your tenant eviction notice in as little as 3 minutes. Visit Landlord Angel to serve your section 8 notice