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Hopefully
this is something that you will never have to go through. One of the
benefits of using a lettings agent like ourselves is the fact that
we have lots of experience of knowing when a tenant is likely to react
to solicitor's letters and when taking them to court becomes unavoidable.
If you do have to evict someone, do it properly! Make sure that you remember to issue the correct legal notices at the appropriate times, otherwise you may find yourself in a legal minefield with large clumsy boots on. You cannot physically evict a tenant yourself. This is illegal and can get you a jail sentence of up to two years, during which time the tenant will probably squat in your house and leave it in a terrible state when you get out. |
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| If you think that you have grounds for
possession, you must first give notice to the tenant that you intend
to take them to court in order to seek possession of your property.
The period of notice is either 2 weeks or 2 months, depending on the
grounds under which you are seeking possession. You must give notice on a special form called 'Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy'. You can buy this from most law stationers and rent assessment panel offices. This applies to both assured tenancy and assured shorthold tenancies. The form will require you to state the grounds on which you are applying for possession. If the tenant refuses to leave, you cannot evict them without a possession order from the court. You can apply to the court to start possession proceedings as soon as the notice requiring possession expires. You will not have to give any grounds for possession and should consider using the accelerated possession procedure The accelerated possession procedure allows you to gain possession of your property without having to go through a court hearing. The court will make its decision by looking at the documents that you and the tenant provide, unless it decides that a hearing is required. You must have a written tenancy agreement to be able to use this procedure and you must have given the tenant the required notice in writing that you are seeking possession. Apply to your local county court for accelerated possession proceedings. There are two types of grounds for possession - absolute and discretionary, with absolute being the more serious. If the court orders possession on one of the discretionary grounds, it can either grant absolute possession or allow the tenant to stay in the property provided certain conditions are met, such as repaying rent arrears. This is called a suspended possession order and the tenant cannot be evicted provided the conditions are met. If the tenant then later breaches the conditions, you may apply for an absolute possession order or a warrant for possession, depending on the terms of the suspended order. If at any point you successfully gain a court order awarding you absolute possession of a property, the tenant should leave on the date specified. If the tenant still refuses to leave, you cannot get physical and throw them out yourself, you must apply for a warrant for eviction from the court. Once granted the court will arrange for the nice bailiffs to come round and evict the tenant. |
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| You are well within your rights to require
the tenant to pay rent right up to the date of possession granted
by the courts. However, if the tenant refuses to leave and you ask
him to pay rent, there is a danger that the court will rule that a
new tenancy has arisen. The tenant will however normally then become
liable for additional damages for continued occupation of the property.
This is getting into quite complicated legal areas, so we suggest
you get good sound legal advise at the faintest whiff of such circumstances. If possession is ordered on the grounds of rent arrears, the court will normally order the tenant to pay back the rent he owes at a rate appropriate to his circumstances. They may also, if asked, consider awarding you a sum to cover interest on the outstanding rent. If the tenant owes you money, say for damage or something else, then you should make a claim through the small claims court via the county court, as long as the amount is less than £3000. If the claim is uncontested, there will be no court hearing. If it is contested, you will have to endure an arbitration hearing. For really serious cases above this value, you will have to go through the county court. The possession process can take up to 6 months. It is costly and time consuming and you will never recoup the whole cost of getting the tenants out. Lost rent, bad blood, stress and a considerable amount of time spent will undoubtedly make you the loser, so you should explore other avenues such as negotiation, before you commit to court proceedings. |
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