Evicting a residential tenant

Summary

If you want and need the reassurance of experienced and cost effective lawyers to ensure you follow the correct property possession process, please get in contact. We have experienced solicitors in over 20 locations around the UK. Landlords with assured shorthold tenants occupying their residential properties are often shocked to discover that, where tenants do not vacate at the end of the agreed tenancy term or are in breach of the leasem including non-payment of rent, it can take months to obtain possession via a court order. Even more frustrating is that during this period some tenants stop paying rent. Residential eviction law is technical and procedural mistakes can invalidate the entire process meaning you have to start again, which can mean even longer delays. There are 2 ways to get an eviction order. * Accelerated possession procedure \- based simply on expiry of the term and the procedure is set out in section 21 of the Housing Act 1988. This is known as the accelerated possession process (although it is not fast in reality – see below) and cannot include any financial claim against the tenant, such as arrears of rent. * Section 8 procedure \- set out in section 8 of the.

Key information

• Accelerated possession procedure \- based simply on expiry of the term and the procedure is set out in section 21 of the Housing Act 1988. This is known as the accelerated possession process (although it is not fast in reality – see below) and cannot include any financial claim against the tenant, such as arrears of rent.
• Faster eviction process compared to the standard procedure.
• Lower court fees compared to standard possession order.
• If you want and need the reassurance of experienced and cost effective lawyers to ensure you follow the correct property possession process, please get in contact. We have experienced solicitors in over 20 locations around the UK.
• Landlords with assured shorthold tenants occupying their residential properties are often shocked to discover that, where tenants do not vacate at the end of the agreed tenancy term or are in breach of the leasem including non-payment of rent, it can take months to obtain possession via a court order. Even more frustrating is that during this period some tenants stop paying rent.
• Residential eviction law is technical and procedural mistakes can invalidate the entire process meaning you have to start again, which can mean even longer delays.
• Accelerated possession procedure \- based simply on expiry of the term and the procedure is set out in section 21 of the Housing Act 1988. This is known as the accelerated possession process (although it is not fast in reality – see below) and cannot include any financial claim against the tenant, such as arrears of rent.
• Section 8 procedure \- set out in section 8 of the Housing Act 1988 based on breach of the lease agreement. This is most commonly failure to pay rent. The advantage of this is being able to obtain a financial judgment as well as possession order. The main risk is that the tenant will try to counterclaim, alleging breaches of the lease by the Landlord which can mean no possession order pending a trial of the issues. The tenant may also reduce any rent arrears, buying time and stopping a possession order.
• An error such as missing an important date or a mistake in the statutory notices or paperwork can mean you have to start the whole process again.
• This is considered the faster way for landlords to evict tenants who haven't left after a proper notice period (Section 21 notice) and no rent arrears are claimed. There's no court hearing if the paperwork is in order and the tenant doesn't contest the eviction with the potential benefits of :-
• Faster eviction process compared to the standard procedure.
• The minimum notice required in a section 21 notice is 2 months. With a section 21 procedure, possession proceedings need to be brought within six months of the date of service of the notice. If the date specified in the notice is more than two months after it was served, the proceedings can be initiated no later than four months from that date.

Practical guidance

• Source: Evicting a residential tenant

Related topics

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• Who pays the court costs for an eviction in the UK?
• Ask the council to check if your rented home needs repairs
• How long does a possession order take?
• How long does it take to evict a tenant? Guide for landlords