Tenant Eviction

If you tenant has not paid you any rent and you think you have a slim chance of extracting any money from him then it may be time for you to start thinking about evicting your problem tenant. Please be aware that it is against the law to try to evict your tenant with out using the correct procedure. At this point it may an idea to seek the help of a professional.

Law in England & Wales In Regards To Rent Arrears

The law in England and Wales regarding private sector tenancies is governed by The Housing Act 1988. If the tenant owes more than two months or eight weeks rent, then the Judge must award you a repossession order.

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

Court Action And What You Need To Do

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.

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.

Complete and serve your tenant eviction notice in as little as 3 minutes. Visit Landlord Angel to serve your section 8 notice