14:48 PM, 29th May 2017, About 6 years ago 17
For most landlords evicting a tenant is a daunting experience, the whole process leaves landlords often confused and baffled by the process.
Gone are the days when landlords could simply write a letter giving the date that they require the property, however most landlords still make this mistake.
In accordance with the Housing Act 2004 landlords will need to serve the tenant with 2 months written notice namely a Section 21 under mandatory grounds.
If the tenant is in 8 weeks or more rent arrears or displays anti social behaviour the landlord can serve notice with a Section 8 under discretionary grounds, the notice period that should be given to the tenant is 14 days.
A section 21 is used when you want to evict a tenant either at the end of the fixed term or when using a break clause to regain possession of your property, to serve a Section 21 notice you do not to give grounds for ending the tenancy agreement.
If your property is being rented under an Assured Shorthold Tenancy and you are a landlord trying to regain possession of your property it is necessary to serve a Section 21 notice.
Under the Deregulation Act 2015 a Section 21 notice only has a lifespan of 6 months and can not be served before 4 months of the tenancy has elapsed.
When the section 21 expires in the event the tenant does not vacate you can apply to the Courts for an Accelerated Possession Procedure, meaning most cases are dealt without the need of a court hearing, this costs £355.00 (Court fee)
The Court will then write to the tenant (defendant) giving them 14 days to defend the proceedings, depending on the tenants defence for example the defendant did not agree with the dates on the notice, or the landlord did not have a licence.
If a hearing is requested both sides are given the opportunity to put the case forward in front of the judge, at this point the judge will determine whether possession should be granted.
If the Court award you possession they will write to the tenant and provide them with a vacation date, if this date elapses and the tenant still does not vacate you will have to appoint Court bailiff, this at a cost of £121.00 (Court fee)
If you have any questions regarding this process, please feel free to contact a member of our helpful team.
I hope this information has been useful.
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