Troublesome tenants can be a thorn in the side of their landlords. When faced with issues such as consistently late rental payments, property damage, or breaches of the Tenancy Agreement, landlords often want to get the tenant out of their property. However, tenants enjoy certain legal protections, and there are strict procedures a landlord must follow before they can regain control of their property. Failing to follow these procedures can render you liable to pay the tenant compensation or even guilty of a criminal offence.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“Excellent explanation of scenarios and Nakita was always happy to answer any questions.”
When Might You Want To Get Your Tenant Out?
Tenants can cause a wide range of problems for their landlords. Some of the most common issues landlords face include the following:
- Tenants not paying the rent on time or at all.
- Tenants using the property for illegal purposes.
- Antisocial behaviour by tenants, such as excessive noise.
- Tenants damaging the property or its contents.
- Tenants subletting the property.
How Can You Get Your Tenant Out?
Different procedures apply to different tenancies, so checking which type your tenant has before you evict them is crucial. Our landlord and tenant solicitors will review your lease and advise accordingly.
The most common form of residential tenancy is known as an ‘Assured Shorthold Tenancy’. The process you must follow when seeking to evict a tenant with an Assured Shorthold Tenancy is as follows:
• Serve The Correct Notice
You must serve your tenant with notice of your intention to end. The appropriate form of notice depends on your reasons for wanting to regain control of your property.
You should use a ‘Section 21’ notice to terminate a tenancy at the end of a fixed term tenancy, which is one with a fixed end date, or a periodic tenancy, which is one that has no fixed end date. You must serve your Section 21 notice at least two months before the date on which you want to end the tenancy. Where the tenancy is a fixed term tenancy, the notice cannot expire before the end of the term.
You can use a ‘Section 8’ notice when the tenant is in breach of their obligations under the lease. Section 8 notices are most commonly used in cases involving two or more months of rent arrears where the fixed term has some time left to run.
The notice period required under Section 8 depends on the grounds on which you are relying. For example, in cases involving rent arrears, you must serve the notice at least 14 days before you want to take back control of the property.
• Apply For A Possession Order
If your tenant does not leave the property by the expiry of the notice, you can apply to Court for a Possession Order. If you used a Section 21 notice and are not claiming unpaid rent, you can seek an ‘Accelerated Possession Order’. The accelerated possession procedure does not necessitate a Court hearing.
If you used the Section 8 procedure or want to claim possession and rent arrears, you must apply for a Standard Possession Order. The Court will consider your application for a Standard Possession Order at a hearing.
• Apply For A Warrant Of Possession
If, notwithstanding the Court having made a Possession Order against them, your tenant still refuses to leave your property, you can apply to Court for a Warrant of Possession.
If the Court grants your Warrant of Possession, it will send an eviction notice to your tenant detailing the date by which they must leave your property. If they have not gone by the date specified, you can instruct bailiffs to evict them.
How Can We Help You Get Your Tenant Out?
Following the correct procedure and properly preparing and serving the appropriate notice is essential when evicting a tenant. If you fail on any count, the Judge will likely dismiss your claim. To ensure they adhere to their legal obligations, most landlords seek advice from expert landlord and tenant solicitors like ours.
Our specialist landlord and tenant solicitors, with their vast experience in assisting landlords wishing to take back control of their property, understand the need for swift, decisive action in such matters. They will review your lease and consider the circumstances to establish which procedure you must follow, before preparing the correct form of notice to serve on your tenant without delay. If your tenant refuses to leave your property, they will take all necessary steps to secure the eviction and return the property to your control as quickly and cost-effectively as possible.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
“Victoria has been such a breath of fresh air! We cannot thank her enough for lifting this stressful time we have been through. Thank you.”