Tenant Eviction
The Tenant Eviction Process
If you have failed to extract the rent payment from your tenant (or guarantor) and there seems no hope of a negotiated settlement, then it is time to pursue matters further which probably means court action and/or eviction. Be advised that it is a criminal offence for a landlord to evict a tenant without a court order and you may wish to employ professional help at this stage.
Law in England & Wales In Regards To Rent Arrears
The Housing Act 1988 governs private tenancies in England And Wales. If your tenant is behind with their rent payments by more than 8 weeks the a judge can the order for a repossession.
In order to start off the repossession process, you must issue a Section 8 Housing Act 1988 notice. This gives the tenant 14 days to respond. Failure to serve this notice correctly may delay the repossession and it is wise to consult a professional to advise you or do this for you. Your sources of advice/ assistance are your solicitor, a letting agent or via a specialised landlord service such as Landlord Angel
How To Apply For Court Action
When your section 8 notice expires and your tenant still refuses to pay or leave then you will have to apply to the court for a possession proceeding of which the judge will grant you possession of your property. An exception to this may be if the tenant claims the property is in disrepair or if the delay in rent is because of a delay in their Housing Benefit.
Once the judge grants you a possession order your tenant should leave the property as instructed. If they fail to do so then you will need to seek the help of county court bailiffs to remove the tenants from your property.
Complete and serve your tenant eviction notice in as little as 3 minutes. Visit Landlord Angel to serve your section 8 notice
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