Here’s how you sort out the eviction of a tenant
I rented my property out privately and now find myself in a mess. The tenant has stopped paying the rent and refuses to leave. With no professional back-up I have no idea what I need to do to get them out. What advice do you have for me?
It can be tempting to try to avoid hefty lettings fees by renting out property privately. But your let is likely to be one of your most expensive assets so cutting corners really isn’t a smart idea, especially when things go wrong.
Anyway, you’re in a mess. Here’s how you get out of it. You must give at least two months’ notice under section 21 of the Housing Act 1988 if you want to evict your tenant – specifically a Section 21 notice.
It can only be served by a landlord earlier than any fixed term if the tenancy agreement makes provision for it.
The precise form of this notice can vary but it must be in writing and must specify the date of required possession. This date must not be sooner than two months after the notice has been served. It also mustn’t be earlier than the end of the fixed term.
If the fixed term has expired, or the tenancy was periodic, the date specified must be the last day of the rental period. It’s very easy to get the date wrong in this situation, so be careful because if the date is wrong, then you won’t succeed in gaining possession.
If the tenant doesn’t move out as a result of the Section 21 notice, you’ll have to go to court to seek a possession order – however the court can’t make one in the first six months of a tenancy.
You can also opt for an accelerated possession procedure. For this you need to find the County Court for the area where the property is situated, then fill in a Form N5B claim for possession (accelerate procedure), obtainable from HM Courts service.
Given your situation I would advise bringing in a professional that specialises in eviction. There are numerous companies that provide this service for a fixed fee. Dawn Sandoval of Dawn Sandoval Residential Dawn Sandoval MNAEA is an independent property consultant working in the Canary Wharf area – call 020 7093 1702 or go to dawnsandoval residential.co.uk. Every effort is made to ensure the accuracy of comments. Individual cases must be studied by a solicitor.