As a Landlord, if you have a troublesome tenant with rent arrears accruing or the possibility that you could get more rent for your property by “upgrading” your tenant it is important to get advice at an early stage.
It is a criminal offence for a Landlord to unlawfully evict a residential tenant and this can result in a two year prison sentence and a fine of up to £5,000.
Because of these penalties, too often Landlords delay in taking action fearing that to carry out the process lawfully will be too complex or too costly.
However, with the right solicitors, a competitive fixed price service to evict tenants swiftly and efficiently can be provided.
There are a number of steps that must be carried out in order to lawfully evict a tenant. Firstly, the Landlord must serve a valid Notice to quit upon their tenants. The length of time provided under the Notice is dependent upon the reason why the tenant is being evicted.
If the tenant is not in breach of their tenancy agreement, the required notice is two months but the Notice must not expire before the end of the fixed term of the tenancy. If however, the tenant is in breach of their tenancy obligations, the required notice could be as short as fourteen days.
Thereafter, upon expiry of the Notice, if the tenants have not vacated the property, the Landlord can then issue Court proceedings. The Landlord can then obtain a Possession Order from the Court which fixes the date by which the tenants have to leave. A Court hearing is not always necessary. If tenants thereafter still refuse to vacate the property, the Landlord can instruct bailiffs to carry out the eviction.
Another aspect which a Landlord must be aware of is concerning rental deposits. It is paramount that any rental deposit is now placed in a government backed tenancy deposit scheme. Failure to do so can prevent the service of a valid Notice to quit and can also expose a Landlord to a sizeable claim for compensation from their tenant. Useful information on deposits can be found at www.gov.uk/tenancy-deposit-protection.
Rudlings Wakelam offers a hassle free and competitive fixed price service to evict tenants as quickly as possible. Should you require any further advice in relation to the above, please do not hesitate to contact Heidi Berry on 01284 755771 or at Heidi.firstname.lastname@example.org
22 June 2015