Sometimes evicting your tenants isn’t as hard as it seems. Nor does it have to be for any reason other than wanting possession of your property, for whatever reason.
However, whether you’re evicting your tenants for personal reasons or whether they haven’t paid the rents, the process is still easy to follow (with the right guidance) but just as strict.
If a landlord wishes to evict tenants due to unpaid rents, a ‘standard possession’ must be followed.
Otherwise, if unpaid rents are not being claimed, a landlord can use ‘accelerated possession’.
It is important the correct procedure is followed. Otherwise you as a landlord could be guilty of harassing or illegally evicting your tenants.
The different types of tenancy
Usually for a tenant, the standard tenancy provided will be an AST (Assured Shorthold Tenancy). There are commonly two types of ASTs:
◦ periodic tenancies – these run week-by-week or month-by-month with no fixed end date
◦ fixed-term tenancies – these run for a set amount of time
The Three Simple Steps
For tenants who are bound by a AST, three simple steps must be followed:
- Tenants must be provided a Section 21 Notice to Quit. If the terms of the tenancy have been broken, they must be issued a Section 8 Notice of Seeking Possession which specifies the terms which have been broken.
- If the tenants do not leave by the date stated on the Notice to Leave, whether it is a Section 21 or Section 8, the next step must be taken. Apply to the court for a standard possession order or for an accelerated possession order if unpaid rents are not being claimed.
- If the tenants still wont leave, then you may apply for a warrant for possession – this means bailiffs can remove the tenants from your property.
Its important to make sure the correct procedure is followed. Remember, just as a landlords has rights, so do tenants. It’s always best to do things the right way even if it takes a little longer than expected. We at Silks specialise in the eviction process and have had a 100% success rate. We ensure all documents are checked and verified before going to the courts, relieving you of any possible stress, headache and hassle. We also continue to retrieve your debt through a debt collection agency once the tenants have left the property.
If you have any tenants who you wish to evict or are not paying rents, call us on 01924 477999 or email us at email@example.com.