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How do I evict a non paying tenant?

If you are renting your property to someone who failed to pay you rent, then this will not give you an automatic right to kick him out of your property. In an effort to prevent unfair evictions, the laws under the Landlord and Tenant Act regarding evictions have become cumbersome and prohibitive at best. Here is the process for evicting a non paying tenant.

If you have granted your tenant an assured shorthold tenancy, you are entitled to regain possession of your property under the provisions of the Housing Act 1988 at any time after the end of a fixed-term tenancy, or sooner if a break clause has been used to end the tenancy early, or any time during a periodic tenancy, provided that the tenants have occupied the property for at least six months since the start of the first tenancy agreement.

This is commonly referred to as obtaining possession under the accelerated possession procedure which will enable you to get the tenant out as quickly as possible.

You do not have to provide any other grounds for possession using this procedure.

The first step you should follow is to serve a section 21 notice of the Housing Act 1988 on the tenant. However, there are a number or requirements that need to be fulfilled before you begin this procedure.

Please note that when you follow the above procedure the court will not order the tenant to pay any rent arrears until you apply to the court to for a court order requiring the tenant to pay the outstanding rent.

If you do not meet the conditions under the above procedure, and the tenants are in arrears of rent, you are advised to apply on the ground of rent arrears.

Initial steps should be taken by the landlord before he can serve a notice requiring possession of the property in accordance with section 8 of the Housing Act 1988. This notice must be served on the tenant before you can apply to the court for an order evicting them.

  • A letter should be sent to the tenant pointing out that he/she is in arrears of rent
  • Keeping records of all communication with your tenant i.e. telephone conversation and the date letters sent and received by the tenant and the method of service

If the tenant fails to pay the rent after you have sent him/her at least one letter demanding the payment of rent, then you should serve the tenant with a notice under section 8 of the Housing Act 1988.

One Response to “How do I evict a non paying tenant?”
  1. 06.27.2012

    I find it extraordinary that so many loadlnrds seem to view tenants as offenders when in the past the law has done very little to protect the rights of hard-working honest tenants. I’ve been a private householder for more than 25 years but had reason to rent short term twice when I moved house. The first landlord was reasonable, co-operative, attentive and honest. The second was out to make a buck at whatever cost and withheld my a3750 deposit because the paint he instructed me to buy to cover a couple of minor scuffs from furniture (perfectly normal wear and tear over a 10 month tenancy) was not an exact match! when I called his bluff and offered to discuss it in court (very publicly, might I add I am a journalist) he backed down faster than you could say month in advance!So many loadlnrds see tenants not as a business client which is what they are in actual fact but as an object out of which they can cream as much cash as possible. Appalling injustice! And now because the law is saying this is the tenant’s money, you have to justify what you have done with it, there’s this outrageous outcry from the poor, badly-done-to money-making property owner. boo hoo

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