Evicting Tenants
Evicting Tenants
Landlords wishing to find out how to go about evicting tenants from their property, should know that there are correct legal procedures to follow in accordance with the Housing Act of 1988. There are two recognisedprocedures for evicting tenants, which are used in differing situations.
The first procedure is the faster way of evicting tenants and involves serving a section 21 notice, and if the tenants fail to move out after you have served this notice, the landlord can then apply for awarrant to evict the tenants. This is called the accelerated possession procedure and can be used by a landlord at the end of the fixed term of a tenancy agreement or at any time during a periodic tenancy, on condition thatthe tenants have occupied the property for at least 6 months since the start of the first tenancy agreement, or if a break clause has been exercisedto end the tenancy early. However, please note that when you use the accelerated possession procedure, the court will not order the tenants to pay rent arrears. Landlordsshould instead submit an applicationto the county court for payment of any outstanding rent owed.
Evicting Tenants
If landlords serve a notice during a periodic tenancy following the fixed term, there is an extraobligation. Under the provisions of the Housing Act 1988 a periodic tenancy will start directlyafter the fixed term ends. The notice must still give the tenant a notice period of not less than 2 months; however, this notice must give a date which must be the last day of a period of the tenancy. If this date is incorrect, the notice will be invalid, and any claim for possession dependent on it will not be enforceable. Note that a Section 21 notice can remain in place until further notice, i.e. a new tenancy agreement is signed with the tenant, as following any new tenancy agreement, and the landlord will need to serve a new Section 21 notice.
If the tenant does not vacate the property by the datespecified in the Section 21 notice; the landlord should then go via court to obtain a possession order.
Evicting Tenants
Alternatively, provided thatthere are rent arrears of more than 2 months, a landlord can opt to use rent arrears as grounds for evicting tenants. Landlords will need to serve a Section 8 notice in the required formin advance of issuing court proceedings and the notice period of 2 weeks must have expired. Landlords should then use the normal possession proceedings, this is termeda fixed date action and the court will fixa date for the hearing. Landlords will have to attend this hearing as they mustprovide evidence to the court of the total rent arrears owedat the time of the hearing.
If the tenants still do not leave, the landlord can then apply to the court for a warrant to evict and the court will then arrange for bailiffs to remove the tenants. In this case, the landlord may also claim the cost of any court action from the tenant.
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