Tenant Eviction Procedure

The current prolonged recession and government austerity measures mean that more and more tenants are having problems with paying their rent. Unfortunate as this is, as a landlord if you have a tenant that is not paying their rent, you must act quickly so that you can protect your own financial affairs by renting out again to a tenant that can pay. In the present economic climate all landlords should be familiar with the correct tenant eviction procedure. There are two main eviction notice types that may be employed to end a tenancy and thus regain possession of a rental property.

Section 21 Tenant Eviction Procedure

The first option is a section 21 notice which gives landlords the right for repossession of their property. Landlords may serve this notice at any point even when a tenant has not violated any terms in the tenancy agreement. However this right is on the understanding that if a tenancy deposit was handed to the landlord then it has then been put into a tenancy deposit scheme authorized by the government. Furthermore, landlords may only issue a notice citing section 21 to retake possession of their rental dwelling, at the end of an AST and can never be employed to speed up repossession during the agreed fixed term's duration.

Click Here To Use The Free Section 21 Notice Creator

Section 8 Tenant Eviction Procedure

Landlords may retake custody prior to the finish of the agreed term providing the tenant has broken the tenancy agreement and therefore any section 8 notice must be served on the that basis. This eviction procedure is most frequently employed where, for example, the tenant has failed to pay the rent, the property has been damaged or the tenants are being an annoyance to the neighbours.

Any section 8 notices will inform tenants that the landlord will be seeking repossession of their rental dwelling and they all must unambiguously state the grounds on which possession is being pursued. There are seventeen distinct grounds listed in section 8 of the 1988 Housing Act, with more than one ground covering the most widespread issue of rent arrears. Once the section 8 eviction notice has been issued a tenant then has fourteen days to reply.

Once this notice lapses and the problem is persisting, a landlord should start legal proceedings immediately. At this time landlords should present an application to the County Court asking for a possession order for the relevant property and, if pertinent, a judgment for any rental arrears.

Most tenants will obey a court ruling and move out. Nonetheless, if they still do not vacate the rental dwelling, then an additional request can be made to have them evicted by bailiffs and the tenants will then be evicted from the rental dwelling. Where a judgment for outstanding rent has also been attained, the court will decide how and when this should be given to the landlord. If the amount due is not settled by the stated date then the outstanding debt will go onto the CCJ register until settled.