Evicting a Tenant
Evicting a Tenant
Evicting a tenant – If your tenant fails to pay you their rent promptly, in the first instance it is sensibleto contact them and speak to them about it, in case it is something you can resolveaffably, as formal actions do come at a costfor you. If you are happy to keep your tenants, you may want to consider, giving them a shortterm rentdecrease, if for example they have a temporary financial situation.
Nevertheless, it is still a wise idea to serve a Section 21 notice at this juncture, depending on how long the fixed term has left to run, just in case the situation does not get better.The noteworthy point concerning Section 21 is that it offers landlords the legal entitlement to repossess their property. A Section 21 notice is served by a landlord wishing to end an assured shorthold tenancy before or following the completion of the fixed term. To legally terminate an assured shorthold tenancy at the end of the fixed term, the landlord is obligated to serve a Section 21 notice on their tenant,which must provide their tenant with a minimum of 2 months notice.
Evicting a Tenant
If fortunately you are able to reach a settlement with your tenants, this agreement should be unequivocally stated in a letter, so both parties know where they stand. If, however the tenants have not got in touch with you and the rent arrears for example are over 2 months, then you will have no choice but to initiate court proceedings to go about evicting a tenant.
Section 21 notice permits the landlord to repossess their property as of right; however, if you want to regain possession during the fixed term then it can only be sought if a breach of contract has occurred and proven. Landlords should use a Section 8 Notice form instead, as a Section 21 notice will not be suitable.
A Section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and providing certain conditions have been met, the most common being rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession and go about evicting a tenant before the fixed term of a tenancy has finished. A landlord may not evicta tenant regardless of what they have or have not done, without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice on the tenant. The Section 8notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.
Evicting a Tenant
The notice must be laid out in thestipulatedformat and must specify which grounds the landlord intends to use to gain possession plus the landlord’s reasons for citing those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession and the landlord will have failed in their attempt in evicting a tenant.
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