Tenant Eviction Process
If you have failed to extract the rent payment from your tenant (or guarantor) and there seems no hope of a negotiated settlement, then it is time to pursue matters further which probably means court action and/or eviction. Be advised that it is a criminal offence for a landlord to evict a tenant without a court order and you may wish to employ professional help at this stage.
Law in England … Wales In Regards To Rent Arrears
Private sector tenancies are governed in England … Wales by The Housing Act 1988. If your tenant is in rent arrears of more than 2 months then the judge must give you a repossession order.
To get your property back it is advised that you serve a section 8 notice on your problem tenant. The problem tenant has 14 days to respond to this notice. If your notice is completed incorrectly it can delay the process of getting your property back from the tenant. It is advisable to seek the help of someone who knows what they are doing such as Landlord Angel.
How To Apply For Court Action
When the section 8 notice comes to an end or expires and your problem still has not left or paid the rent owed to you then the next stage involves you serving possession proceedings. The judge will grant you possession providing the property is not in disrepair or if the tenant claims that they are behind in payments because of a delay in their housing benefit claim.
If you win the possession order your tenant should evict the property as instructed by the judge. If they do not then you need to instruct county court bailiffs to help remove your tenant.
Serve a section 8 notice in as little as 3 minutes. Visit Landlord Angel to serve your eviction notice.
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