Tenant Eviction
Tenant not paying the rent

You must first realise that you cannot oust a tenant unless you obtain a court order to do so.  Unless the tenant voluntarily leaves the property you must gain possession by following the correct court procedure. 

When trying to evict a tenant for non paying of all or part of the contractual rent you will find the process complicated and time consuming.  If you do not follow the court procedure, step by step, then expect trouble.  In essence you will need to convince a court that possession is required so you must be clear as to what grounds you are seeking possession.  Furthermore, it can be very difficult to relate what you put on a standard form to what you say in a courtroom. 

I would hope that your tenancy agreement is an Assured Shorthold Tenancy of 6 or 12 month’s and would fall under the Housing Act 1988.  We will assume, for this article, that a Council or Housing Association or Corporate let provide no problems needing eviction of the tenant. 

There are 17 grounds for possession under the Housing Act of 1988 (amended 1996).   Grounds 1 to 8 are mandatory grounds and grounds 9 to 17 are discretionary grounds.   The tenant who fails to pay rent will come under grounds 8, 10 or 11; Ground 8 is where the tenant has two month’s rent outstanding when notice is served, Ground 10 is where the tenant has failed to pay the landlord part of the rent and Ground 11 is where a series of rent payments are late. 

The difference between mandatory grounds and discretionary grounds is in respect to the judge’s powers.  If the judge finds on a mandatory ground then he/she must grant an order for possession.  The judge does not have to order possession if he/she finds on a discretionary ground. 

When the notice period has been served then you can apply to the County Court in which the property is situated, to find the appropriate County Court visit www.hmcourts-service.gov.uk.  

The Accelerated proceedings are as they say ‘Accelerated’ but do not allow for the collection of rent arrears.   If you are happy with possession only then the Accelerated route maybe for you, if you decide claim rent arrears then a hearing is required under Traditional Proceedings. 

Warning: If the papers submitted contain any errors or ambiguities the matter will be set down for a hearing or dismissed.

Letting Agents

Click the above link to find LETTINGAGENT.COM

Information on Letting Agents

Letting Schemes

Letting Agents Conduct

UK Renting

Letting Agent Home