Tenant Eviction Q&A

 

My tenant has fallen behind with the rent what should I do?

 

Have a frank discussion with your tenant as to why there is late payment. Ask if there has been a job loss or any other change in circumstances. Suggest that the tenant apply for housing benefit or that a family member or friend helps out with the payments. Check that the deposit is correctly protected. Serve a section 21 notice. As soon as there are two months of rent owing serve a section 8 notice. Tenant eviction through the courts can take between 2 and 3 months so be sure that all your paperwork is correctly prepared.

 

My tenant is behind with the rent but says that he will leave in one month. What should I do?

 

You must issue legal notices to cover the case that the tenant does not leave. By serving notices you will have started the tenant eviction procedure. If a tenant promises to leave, even in writing, you cannot force him to do so if he then changes his mind. It is likely that the tenant will be advised not to leave. Therefore, you should always cover your position by serving notices.

 

My tenant has still failed to pay rent despite service of notices what should I do?

 

If the section 21 notice has expired and the deposit was protected within 14 days of being taken begin the accelerated possession tenant eviction procedure. If the section 8 notice has expired start the normal route tenant eviction procedure. Use the tenant eviction procedure under the normal route only if there are no disrepair issues. If there are property disrepair issues wait for the section 21 notice to expire.

 

I have received a letter from the tenant's legal representative should I reply?

 

When a tenant is legally represented you should obtain advice immediately. If a solicitor has taken on the tenant's case it is likely that he has a sound claim and that the tenant eviction procedure will be complicated.

 

The tenant seems to have left the property is it safe to change the locks?

 

No. Actions by the tenant such as removing his possessions and non payment of the rent do not confirm surrender of the tenancy. If you change the locks without having gone through the tenant eviction procedure to obtain a possession order you are open to an illegal eviction claim. We recommend that you gather evidence as to the tenant's intentions and then discuss the best course of action with your legal adviser.

 

The most recent agreement I have with my tenant started after 7th April 2007. I have not placed the tenant's deposit in a statutory scheme, will this affect me?

 

Yes. Non protection of a deposit has several implications for the tenant eviction procedure. Your tenant can claim a penalty equivalent to three times the value of the deposit and also that the deposit be returned. If you are evicting a tenant for non payment of rent (normal route tenant eviction procedure) the penalty is often requested as part of a counter claim. In this case, you may lose your possession claim and may have to pay the tenant's legal costs. If you have served a section 21 notice it will be invalid and your tenant eviction claim under the accelerated procedure route will fail.

 

My tenancy agreement says that if the tenant does not pay the rent that I the landlord can take possession. Can I take possession now that the tenant has not paid the rent?

 

No. Landlords must always obtain a possession order either via the accelerated or normal tenant eviction procedure routes in order to take possession of property.

 

My tenant has given me notice of disrepair. If he has not paid the rent do I have to carry out the repair?

 

Yes. If you do not carry out the repairs promptly the landlord is open to a counter claim for disrepair if the normal route tenant eviction procedure is started. Dealing with this counter claim will add legal costs and delay to your claim.