Have a Problem Tenant? Here’s How the Law Can Help.
You find the perfect tenant for your newly renovated 1 bed apartment in Kensington and all is going well.
Until they are a few days late with the rent for a month or two.
And then they lose their phone and are only contactable via email.
After three months of not responding to your emails or paying any rent you receive an email saying they are working on it, but it’s very vague with no plan whatsoever.
Feel like going over there and knocking down the door, right?
Before even considering going down that road, it’s best to follow the correct legal procedures.
In the UK, landlords have the right to evict tenants who are not paying rent, damaging the property or are causing a nuisance. However, eviction is not a simple process, and there are specific steps that landlords must follow to legally remove tenants from their property.
Here are some things you can do:
Issue a Notice
The first step in the eviction process is for the landlord to provide written notice to the tenant. There are different types of notices depending on the situation. For example, if the tenant has broken the terms of the lease by being in arrears with their rent, the landlord will need to serve a section 8 notice.
If the tenant is causing a nuisance and won’t move out when the fixed term comes to an end, the landlord can serve a section 21 notice.
However, it is important to note that there are changes afoot soon with the Renters Reform Bill which proposes a number of changes to the private rented sector.
Apply for a Possession Order
If the tenant does not pay the rent or leave the property after receiving the notice, the landlord can apply to the court for a possession order. The court will consider the evidence provided by the landlord and the tenant and will make a decision based on the merits of the case. If the court grants a possession order, the tenant will be given a date by which they must leave the property.
If they do not leave by this date, the landlord can apply for a warrant of possession, which will allow bailiffs to remove the tenant and their belongings from the property.
However, the eviction process can take several months and landlords cannot simply evict tenants themselves. They must follow the legal process and obtain a possession order from the court before taking any action.
It is also important to note that the eviction process differs in Scotland and Northern Ireland. In Scotland, landlords can use a “notice to quit” to end a tenancy, while in Northern Ireland, landlords must obtain a court order before evicting a tenant.
In conclusion, the tenant eviction procedure in the UK is a complex process that requires landlords to follow a specific set of steps to legally remove tenants from their property. Landlords must ensure that they serve the correct notice, obtain a possession order from the court and follow the correct procedure to avoid any legal issues.
Seeking legal advice is recommended to ensure that landlords follow the correct process and avoid any legal issues. Although we don’t deal with property litigation, we do handle lease agreements. We recommend having a good lease agreement from the outset to try avoid these complications, our conveyancing team can help with this.
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