Tenant Eviction Procedure Q&A

 

How can I evict my tenant?

 

There are two methods to evict a tenant. The first is to rely upon the fact that the tenant has not paid the rent and so should be evicted. The second is based upon the fact that you are the owner of the property and are entitled to the property at the end of the contractual term. Both these routes to property repossession require a court order. Below is a description of each eviction route.

 

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. Any tenant eviction service that goes 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. You may consider using a legal tenant eviction procedure service as notices are easy to get wrong. 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 procedure. If the section 8 notice has expired start the normal route 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. Whichever route taken our advice is that a specialist tenant eviction service provider is employed as the costs to the landlord of a mistake at court can be substantial.

 

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

 

When a tenant is legally represented you should obtain advice from a tenant eviction service provided by a regulated firm of solicitors 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 possessions and non payment of the rent do not confirm surrender of a tenancy from a legal standpoint. If you change the locks without having gone through the courts 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 who should be part of a specialist tenant eviction service offered by a regulated firm ensuring you will receive proper advice.

 

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. Our tenant eviction service offers you these legal options at competitive fixed fees and with a minimum of fuss.

 

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.

 

Do I need to hire a solicitor for tenant eviction matters?

 

Yes and we advise that you read why. Apart from the obvious matter of getting the paperwork right landlords must understand the true risks associated with tenant eviction claims. These claims are not small claims. This means that when a landlord starts a tenant eviction claim at court he is exposed to the risk of paying the other side's legal costs if he makes a mistake or loses the case. These legal costs are typically in the £1,000's and if the matter goes to trial are often over ten thousand pounds. The benefits of instructing an SRA regulated firm of solicitors who specialise in the tenant eviction procedure is that you will be correctly advised. Remember that non regulated Internet based legal provider are not permitted to carry out litigation and so do not understand the risks involved. In addition SRA regulated firms have professional indemnity insurance to ensure they can meet their obligations giving you peace of mind.

>> Read Our 5 Tips On How To Choose A Solicitor And Avoid Legal Rogue Traders

 

How to recover legal costs when evicting a tenant

 

As litigation experts we are often able to obtain an order against the tenant for the full amount of legal costs incurred by the landlord when evicting a tenant. Therefore, the landlord will be able to recover legal expenses from the tenant. We are able to advise at the start of the claim who will ultimately be liable for the legal cost of the court eviction proceedings. Landlords will first have to pay our fees and then look to the tenant, or the deposit, to recover expenses awarded by the court.

 

Can I evict tenants with children?

 

Often landlords are faced with the unpleasant task of evicting a tenant who has children. Landlords often feel worse if the children are of a young age. We are able to handle these situations in a delicate manner whilst still obtaining possession of the property. The law and supporting housing services ensure that families are not made homeless.

 

How can I evict a tenant without a lease?

 

It is possible to evict a tenant when the landlord has lost all paperwork. However, a trained lawyer must take a detailed statement from the landlord that will be submitted with the claim in order to reconstruct the lost written agreement. Without this detailed work it is easy for the tenant's legal representatives to defend the landlord's claim on a basic technical point.

 

Are District Judges 'tenant friendly'? Do I need court representation to evict a tenant?

 

District Judges decide if a landlord should obtain a possession order. The law is designed to prevent homelessness and gives judges considerable discretion. Although possession hearings are short affairs our experience is that landlords who are unfamiliar with the court rules and advocacy skills do not get the results they want when they are faced with the tenant's legal representatives and a busy District Judge. We strongly recommend that landlords are represented by regulated solicitors and assisted by specialist court advocates at possession hearings.

 

>>> See a diagram for the tenant eviction process