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Tenant evictions can be stressful and have implications for both your reputation and your investment, particularly if you are dealing with an aggressive tenant. A number of organisations and websites offer legal aid and free legal advice to tenants. Landlords, however, will largely have to organise their own legal support.
It is vital that you keep your landlord records up to date, particularly in respect of the dates on which your tenants pay the rent. Once you note that your tenant has missed a payment, make sure that you contact the tenant to request payment and seek clarification. It is advisable to also put in writing your request for payment and the key points of your conversation with the tenant.
It is important that you act reasonably, offering help where possible. You may be able to assist your tenant in getting Housing Benefit, for example. Your tenancy agreement may state that you can take possession of your property if the tenant fails to pay the rent.
Even after rent arrears have accrued, however, you are advised not to evict your tenant without a Court order. You will have to follow the correct Court procedures. These include serving your tenant with a notice seeking possession - also referred to as a 'notice to quit', a document that tells the tenant to leave by a certain date and a warning that Court action for possession may follow if they fail to leave.
Once you have instructed a solicitor or specialist debt collection or eviction company, you can expect a notice seeking possession to be served on your tenant within 48 hours. In most cases, this will make clear to your tenant that you are serious about your claim. This may be the only indication your tenant needs.
If your tenant does not leave or come to an arrangement on the rent arrears, however, you can apply for a Court hearing. It will usually take 6-8 weeks to get an eviction hearing. Court fees of £150 approximately are payable in advance. The losing party should pay all or part of these costs.
The Court may decide to grant you a possession order, generally a fourteen day order. Typically, this will mean that your tenant will leave within two weeks. If the fourteen day period has expired and your tenant is still in your property, you can ask the Court Bailiffs to remove the tenant.
If your property is occupied by squatters, you will need to arrange for lawyers to draft urgent proceedings, take a witness statement and issue proceedings at Court. An early hearing is usually set within 14 days. As soon as the hearing is obtained, papers will be served on your squatters.
If the Court grants you a possession order, the order will be formally served on your squatters. If the squatters refuse to evict your property, you can apply for the Court Bailiffs to set an eviction date. This, however, can take several weeks.
The alternative is to apply for an urgent eviction date, which will take around seven days.
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