Practical Advice To Help You Profit From Rental Property
House Repossession
Evicting a Tenant - Common Questions Answered
Qu. What is the best way to have a troublesome tenant evicted from your property?
Section 21
This will normally be the quickest method to remove a tenant but you cannot recover rent arrears and the fixed term must have expired or be a
maximum of two months from expiring. The procedure is to give two months notice to the tenant. If the tenant does not vacate the property you are
then entitled to take court proceedings.
Section 8
This can be taken at any point in the tenancy if you can establish statutory grounds. Two weeks notice but if proceedings have to be issued there
will be a court hearing.
Section 8 and Section 21 notices can be downloaded free from landlord-forum.co.uk
Qu. Neighbours are complaining about my tenants behaviour. Can I get them evicted?
Section 8 provides that a tenancy can be brought to an end if the tenant, person residing in or visiting the property:
has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or engaging in lawful
activities in the locality;
has been convicted of using it or allowing it to be used for immoral or illegal purposes, or
have been convicted of certain offences committed in the property or its locality.
Section 8 route may then be followed, however the tenancy agreement must have made provision for this.
Qu. How much does the tenant have to be in arrears for them to be evicted?
If the tenancy is an assured shorthold tenancy (AST) and the fixed period has come to an end then there is no required minimum
rental arrears for possession proceedings to be started.
If the AST is still in its fixed term (or is simply an assured tenancy) then the tenant must be at least two months in rental
arrears or equivalent if the rent is not paid monthly.
In certain circumstances it may be possible to obtain a possession order if the tenant has persistantly delayed in paying rent
however this is a discretionary ground and proceeding would be risky.
Qu. Can I change the locks on a property if the tenant does not pay their rent?
No. The correct legal route must be followed.
If the tenant does not pay their rent then steps can be taken to recover possession of the property and rent arrears.
Never just change the locks.
The landlord will have to serve a notice on the tenant requiring the tenant to vacate. The type of notice will depend upon the
circumstances.
If the tenant does not vacate the property at the expiry of the notice then possession proceedings can be started.
Qu. If a tenant leaves their personal property in the house after they have left can I dispose of it?
If the tenant has left a forwarding address write to the tenant informing them that the property will be held for a reasonable
time e.g. 14 days, before being disposed of. Give details of who to contact to arrange its collection.
If no forwarding address has been given put up a notice at the property stating that the property will be held for a
reasonable time e.g. 14 days, before being disposed of. Again, give details of who to contact to arrange its collection.
Qu. My tenants have left my property and have caused a lot of damage. Can I recover the cost of repairing the property
from the ex-tenants in full?
If the tenancy agreement includes a repairing covenant then the landlord may bring a claim even thought he tenant has moved
out.
The cost of repairs will be evidence of the extent of the damage and may be used by a Court as a guidance figure for damages. The
landlord may also claim loss of rent for the period during which repair work is undertaken.
Qu. I want to sell my rental property but I have tenants with an AST renting it. Can I ask them to leave so I can sell
the house?
Tenants with an AST have security of tenure for the fixed period. The minimum
fixed period is 6 months.
A tenant cannot be made to leave during this period unless they are committing a breach of their tenancy agreement. Therefore, if
there is no breach, the earliest a tenant can be required to vacate is the first day after the expiry of the fixed term.
To do this you must serve a Section 21 notice at least two months before the last day of the fixed term. Take care to make sure
the dates are correct or the Notice will be invalid.