As a Landlord, if you want your tenants to vacate your property then there are strict procedures that you must follow. Atwel James Estate Agents appreciate that this can be a difficult and stressful time for landlords and so we offer our full support where necessary to help the process and our clients.
If tenants owe the landlord rent then a ‘standard possession’ must be used in order to get the property back. If the tenant is on Housing Benefit then it is possible to have the rent paid directly to the landlord / agent .
If you are not claiming for unpaid rent than an ‘accelerated possession’ can be used but the correct procedure is dependent on the tenancy agreement and the terms in place.
There are two types of Assured shorthold tenancies (AST) and these are known as periodic tenancies which have no fixed end date and there are fixed-term tenancies which have an end date in place.
If your tenants have an AST then a set process must be followed.
The tenants must be given a Section 21 notice to quit and/or if they have failed to adhere to the terms of the tenancy then they can be issued with a Section 8 notice of seeking possession which will highlight the terms that they have broken.
You will then have to apply for a standard possession order from the courts if your tenants do not vacate the property by an agreed date. A warrant for possession can be applied for if the tenants refuse to leave on the date specified by the Court and this means that bailiffs can be used to remove the tenants.
In order to speed up the eviction process it is possible to apply for the warrant to be transferred to the High Court from the County Court. A High Court Enforcement Officer will carry out the eviction. This is possible should you be making a claim for more than £600.
However, a tenant can request that a judge delays the warrant for possession via a new hearing. This could occur should the tenants begin to make payments once again.
Tenancies or licenses excluded
There is no requirement to go to court to apply for an eviction notice if the tenants have an excluded tenancy or licence.
All they require is a reasonable notice to leave and this is commonly the length of the rental payment period, it is also worth remembering that the notice does not have to be provided in writing.