Summary: New page: ”’What should I do?”’ First it is important to remember than you can’t just evict your tenant for no apparent reason, such as you don’t like them. There has to be a unquestionable r…
First it is important to remember than you can’t just evict your tenant for no apparent reason, such as you don’t like them. There has to be a unquestionable reason for their eviction, otherwise your case will be thrown out of court.
The most common examples you will encounter are falling into rent arrears; damaging your property or getting reported for being a nuisance, and should your tenant commit any of these you can opt to use a [http://www.propertymentor.co.uk/section8_resource.php Section 8].
”’What is a Section 8?”’
A Section 8 Notice enables you to end a shorthold tenancy agreement during the fixed period of your tenants agreement, with an average notice period of 2 weeks (2 months if ground 2).
As defined by Schedule 2 of the Housing Act 1988, there are 10 grounds under which you can evict your tenant.
”’Ground 2:”’ if the property was subject to a mortgage before it became a rental property, a lender can exercise their rights to repossess the property. However, to do this they must first serve notice before the agreement is signed.
”’Ground 8:”’ this ground can only be used in the following 3 scenarios:
• Where the tenant has failed to pay their rent for at least 8 weeks under an agreed weekly/fortnightly rental agreement<br>
• Where the tenant has failed to pay their rent for 2 months, based on an agreed monthly repayment scheme<br>
• Where the tenant has not paid rent for 3 months on an agreed quarterly repayment scheme
”’Ground 10:”’ where any amount of rent is unpaid to you both upon the date the notice is served and when court proceeding to repossess the property has begun.
”’Ground 11:”’ where the tenant has failed to pay their rent repeatedly.
”’Ground 12:”’ this ground can be used if your tenant has breached any part of their tenancy agreement other than failing to pay their rent. This includes letting the property deteriorate, vandalising the premises etc.
”’Ground 13:”’ where the tenant has allowed the property to deteriorate through neglect and misuse, or has allowed someone living with them to cause these deteriorations
”’Ground 14:”’ where the tenant (or someone living with them) have been reported to be causing a nuisance to their neighbours or visitors
”’Ground 14A:”’ this ground can only be used by registered social landlords, but can be used to evict a tenant where one member of a couple has been forced to leave the property due to violence or threats of violence from them or their family. Under this ground you can evict the dangerous party.
”’Ground 15:”’ where the tenant, or someone living with them, have purposefully vandalised/damaged the properties contents
”’Ground 17:”’ this ground can be used in the event that you discover that a tenant has falsely provided you with information/ personal statements that originally informed your decision to form the tenancy
Should you choose to use a Section 8, I recommend citing more than 1 ground for eviction, as should you for example use rental arrears as your only reason for eviction and your tenant then pays before the notice expires, the eviction will become invalid.
”’One to consider…”’
An alternative route you can consider is using a Section 21. This notice is based on the ruling whereby all landlords (who have been granted an assured shorthold tenancy) have the legal right to regain possession of the property at the end of the Tenancy agreement.
Now with a Section 21, there are 2 forms you need to be aware of: part a and part b.
• ”’Section 21 (a):”’ can be used when a tenancy become periodic<br>
• ”’Section 21 (b):”’ can be used when their tenancy agreement is for a fixed term; is not yet close to being completed but your tenant has legally breached their contract
With this form you will need to give your tenant at least 2 months notice, so it is imperative that you DON’T use this form if they have got less than 2 months left on their agreement as this Notice will essentially give them an extension.
”’Final thought…”’
Ask any professional landlord, and they will advise you to use both of these forms if you are seeking to evict your tenant. As long as you issue them correctly, wait until the notice has expired before you seek out a court possession order, and use recorded delivery (or a witness) to act as proof of when you issued this notice; either of these methods can help you to regain possession of your rental property, swiftly and without complication.
You can find more information for landlords by visiting the UK’s top [http://www.propertymentor.co.uk/propertydevelopmentcourses.php property development course] providers website for free resources.
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