Tenant Eviction - What Do You Need To Know?

Posted by Chris Ringham on Feb 23, 2022 10:00:00 AM

TENNANT-EVICTION

The tenant eviction process can seem daunting for landlords who have never encountered the process before. It’s important to follow government guidelines when seeking an eviction notice to avoid illegal activity.

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Here is everything you need to know about the tenant eviction process.

How Do I Evict My Tenant?

There are several justifiable reasons why you might decide to evict your tenant, including:

- Anti-social behaviour
- Rioting
- Domestic abuse
- False statements
- The tenant has accrued rent arrears worth over 6 months’ rent
- The tenant doesn’t have the right to rent under immigration legislation

If any of these circumstances apply to you, be sure to follow the tenant eviction process according to the type of tenancy you and the tenant agreed upon.

For example, assured shorthold tenancies require the landlord to give tenants a Section 21 notice if they want their property back after a fixed term tenancy comes to an end. This notice should give tenants a minimum of two months’ notice to vacate the property.

Alternatively, if you want to remove an assured shorthold tenant because they’ve acted beyond the terms of the tenancy agreement, you need to acquire a Section 8 notice.

If the tenant fails to leave the property by the date issued on the notice, landlords can apply to the court for a standard possession order. This is followed by a warrant for possession if the tenant still refuses to leave.

Assured or regulated tenancy agreements are different as the tenant has more protection under the law. Landlords need to obtain a court order to evict regulated tenants and have a legitimate reason for doing so.

Can I Go Use Mediation To Resolve My Dispute?

Yes, if you’re struggling to manage tenancy disputes, consider mediation. This involves bringing in a third party – known as a Mediator – to try and reach a mutually acceptable agreement.

Once an agreement has been made, both parties will sign a contract and the court will be informed of the outcome.

Can I Receive Financial Support as a Landlord?

Fortunately yes, landlords who are concerned about their finances can discuss the matter with their lenders. Landlords may be able to negotiate on a number of forbearance options, including reduced or no payments over a temporary period.

Also, if you have a tenant who claims Housing Benefits or Universal Credit and owes you rent, you can apply to these governmental departments directly to arrange managed payments. This means that the rent owed is paid directly to you.

How Can Bowsers Help Me?

Landlords need to follow strict procedures in line with their type of tenancy agreement and the team at Bowsers has the specialist knowledge to ensure this and to prevent you from making any costly mistakes.

Our team will complete Section 8 and 21 notices forms on your behalf, provide advice on how to serve eviction notices to tenants and assist with any disputes that arise from this.

For tenancy dispute advice, contact Bowsers Solicitors on 01945 583194 or email 
reception@bowsers.co.uk for more information.

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Topics: Landlords