The Tenant Eviction Process

The Tenant Eviction Process

If you have not been able to get rent payment from the tenants and you see no light at the end of the tunnel then it may be the time for you to take things seriously. Which means you must take court action and evict your problem tenant. It is a criminal offence for you as a landlord to try to evict a tenant yourself. It may be an idea to seek the help of people who know what they are doing at this point.

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

Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court where the judge must award a repossession order if the rent remains unpaid and in arrears of over two months or eight weeks at the time of the hearing. Exceptions to this will be if the property is in disrepair or if the rent arrears is because of a delay in a Housing Benefit claim in which case you should have dealt with the Local Authority and not have applied to the court.

Having won the repossession order in court, most tenants will vacate your property as instructed. However, if they do not, you must arrange for Court Bailiffs to remove your tenant.

Serve a section 8 notice in as little as 3 minutes. Visit Landlord Angel to serve your eviction notice.