Landlords offered advice on evicting tenants
Although the majority of tenants maintain a good relationship with their landlord, it may occasionally be the case that those renting out a property will need to take action to evict occupants who are unwilling to leave.
It is important, therefore, that those planning on becoming a landlord research what their rights and responsibilities are when it comes to evicting tenants.
Responding to readers' questions in an article for the Daily Telegraph, Danny Revitt, a property litigation expert at Irwin Mitchell, recently offered a number of valuable tips on this very issue.
First of all, he explained that if the tenant is refusing to leave at the end of the rental period, but no rent is outstanding, then there is a fast-track procedure that allows landlords to obtain a possession order without the need for a court hearing.
"The court deals with the application on paper, and therefore it should be quicker and cheaper than a court hearing. But it is vital that you have got your paperwork right and serve the correct notice, or the court will refuse your application," he advised.
If evicting an occupant before the end of the tenancy due to unpaid rent, the procedure is more complicated, said the expert.
However, it is imperative that landlords follow the letter of law to avoid a potential unlawful eviction lawsuit.
"Unless the tenant is willing to vacate voluntarily you must go through the proper legal procedure," said Mr Revitt.
"This involves serving a notice in the statutory form on the tenant advising him of the arrears, and giving him a date at least two weeks away when you will commence court proceedings."
Finally, he advises that landlords must give tenants sufficient notice if they plan to take possession of a property at the end of a tenancy or let it to a new occupant.
"In legalese, you will need to serve a notice pursuant to Section 21(1) (b) of the Housing Act 1988, giving the tenant at least two months' notice that possession is required," he commented.
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