25th February 2017
Each week, we answer a reader’s rental property question, from first-time landlords needing pointers about contracts to experienced owners. Agony Agent, is here to help!
This week, I have picked a simple yet complicated question that was asked by one of our readers.
- How do I evict my tenants?
- Steps for evicting tenants:
STEP 1 – ASK NICELY
Before going in all guns blazing, it’s always worth trying the diplomatic approach. Simply ask the tenant to leave and explain your reasons for your request.
You might be surprised, your tenant may be willing to vacate your property willingly. If your tenant agrees, make sure he/she signs a document clarifying the agreement.
STEP 2 – CONSIDER YOUR OPTIONS
There are several ways of ending a tenancy, some methods are more elegant and straight forward than others – it doesn’t need to be a messy or an aggressive affair.
STEP 3 – SERVE A VALID POSSESSION NOTICE
Failing the diplomatic approach, you may now want to consider serving a possession notice, either a Section 21 notice or a Section 8 notice. It may make sense to serve one over the other, but it will entirely depend on your circumstances.
A Section notice is typically enough to force the tenant to surrender the tenancy, so court action is not required. Approximately 80% of tenants leave after being served notice.
Please note, 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.
STEP 4 – GETTING A COURT ORDER
Once the relevant Section 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. For more information on arranging a hearing at a county court, please go to the County Court HMCS page.
STEP 5 – GET THE BAILIFFS INVOLVED
Having won the repossession order in court, most tenants will vacate your property as instructed. However, if they do not, you must arrange for Court Bailiffs to remove your tenant.
If in doubt, or if all of this sounds like too much hard work for you, please contact the office as we offer tailor made services to help you.
Keep your questions coming in!