The process of removing tenants

When a landlord has a problem tenant, the most extreme resolution they can take would be to evict the tenant from the property. 


When a landlord has a problem tenant, the most extreme resolution they can take would be to evict the tenant from the property. 

In some situations, this is the most appropriate course of action to take. However, when evicting tenants, landlords must follow the procedures outlined through the Housing Act of 1988. 
 


There are actually two procedures for evicting tenants; each one is used in varying situations. The first method is by far the speediest; this would require the landlord to serve a section 21 notice.

After serving this notice, if the tenants do not vacate the premises, the landlord can then obtain a warrant for eviction. This particular path for eviction can be used when a tenancy is at the end of the agreed time frame, or during periodic tenancies. With this method, the court will not order tenants to pay back past due rent. To obtain rent, a landlord would need to go to the county courts. 


Another method for eviction can be used if the tenant is two months or more behind in their rent. This is grounds for eviction. The landlord must serve a section 8 notice and wait two weeks. Once this has lapsed, the normal possession proceedings can be used. If tenants fail to leave, the landlord can then apply for an eviction warrant. All of the associated court costs can be claimed from the tenant. 
 


Removing a tenant is not an easy process. Landlords have many hoops through which they must jump to remain in accordance with the laws designed to protect tenants. Having a good landlord insurance policy is the best solution for landlords. Landlord insurance will help make up for unpaid rent. Even though in some situations, legal fees are owed by the tenant, they may not pay.

Landlord insurance also would reimburse landlords for these costs. If you are looking for more information about landlord insurance you can contact endsleigh or read more about the Housing Act of 1988.

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