Evict a Tenant
Evict a Tenant
Do you need to know how to evict a tenant quickly?
Well, if you are a landlord who has granted an assured shorthold tenancy, you are entitled to regain possession of your property under the provisions of the Housing Act 1988 at any point after the end of a fixed term tenancy or at any time during a periodic tenancy, so long asthat the tenants have resided inthat property for at least 6 months since the start of the initial tenancy agreement.This is generally described as obtaining possession under the accelerated possession procedure.
The first step in the accelerated possession procedure is to serve a section 21 notice. However, there are specificconditionswhich must be fulfilled and landlords should be aware of these before beginning this procedure in order to evict a tenantlegally.
Evict a Tenant
Before you can start a re-possession claim using the accelerated possession procedure, you must make sure;
- You have a written assured shorthold tenancy agreement with your tenants and that stamp duty was paid if the tenancy startedprior to 1 December 2003.
- A licence has been obtained, or applied for, if the property is a house in multiple occupation or is situated in an area designated for licensing.
- Any deposit received after 6 April 2007 has been placed into a Government authorized tenancy deposit scheme.
- If the initial tenancy agreement with the tenants is dated between 15 January 1989 and 28 February 1997, landlords shouldconfirm that a notice was served on the tenants in accordance with section 20 of the Housing Act 1988. This notice must have been served on the tenants before the first tenancy commenced saying that it is an assured shorthold tenancy agreement.
- You have served a notice on the tenants under section 48 of the Landlord and Tenant Act 1987 giving the tenants an address in England & Wales where they can contact you and where notices may be served. This requirement will have beensatisfied if the tenancy agreement includes a contact address for the landlord.
- If the first tenancy agreement was made on or after 28 February 1997 and none of the tenants are employed in agriculture; otherwise the agricultural worker condition specified in schedule 3 of the Housing Act 1988 could apply and legal advice should be sought before youcontinue.
- If it is necessary for a landlord to start possession proceedings, landlords will be expected to provide a copy of the section 21 notice which they served. Therefore a landlord should keep a copy of the section 21 notice as well as any evidence that it has been sent to the tenants.
- A landlord should serve a copy of the section 21 notice on each tenant if more than one tenant lives in the property. This is not a legal requirement, but this is prudent as the landlord can then prove that each tenant was given the required length of notice.
Evict a Tenant
If any of the above requirements have not been met then a claim for possession under the accelerated procedure is likely to fail. Consequently you are advised to seek assistanceon how to evict a tenant to ensure that this does not happen.
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