Evicting Tenants FAQ
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Evicting Tenants FAQ
I'm applying to court for eviction of tenant. If tenant leaves whilst applying for eviction, and leaves keys, can I pull out of the application and take immediate possession or should we carry on with the process?
ANSWER 1:
If the tenant has surrendered the keys then I would say yes, you can take immediate possession, and I would also see the eviction process through to the end anyway.
Does it cost anything to evict tenants? If so, how much?
ANSWER 1:
Depends on whether a court order is required i.e. if they refuse to vacate voluntarily. Then you are looking at £150 court fee plus additional fee for bailiffs. The cost can vary, but a good starting point is £150, and can then escalate depending on difficult the tenant wants to be.
How long does it take to evict tenants through the courts?
ANSWER 1:
To evict a tenant from scratch takes 12 weeks. If a s21 is already in place and the 2 month notice has expired then it will be just 5 weeks. If you have a bitter and twisted tenant who knows the system and they decide to stay put after the court order has expired, unfortunately, you will have to instruct the bailiffs (last resort). This can take anything between 2 days to several weeks, depending on the back log of the court......
I have served a section 21 notice and it is now over 2 months and the tenants has not vacated the property and is owing rent. What is the next step to take?
ANSWER 1:
Assuming that the tenancy is a periodic (and that's the reason for the 2 month notice period given), you should contact your solicitor providing them with all the documentation they require. They will be able to begin an 'accelerated possession procedure' which is specifically designed for this type of situation. Providing the tenancy was created after 15 january 1989, the tenant is the original tenant, the section 21 notice has been served correctly (the courts can be quite picky) and finally you're not claiming for the rent arrears, you should be good to go. The hope is that it will be a clear cut and dry case where the judge can make a decision based on the paperwork alone negating the need for a time consuming hearing. The judge will then decide whether to grant possession, request further information or request that a hearing is necessary. In my experience this should take no more than 4 weeks from the solicitor starting proceedings. If you want to claim the rent arrears, you're best to claim for this through the small claims court after you have possession to avoid further loss. Make sure you have a forwarding address!
My tenants fixed term has come to an end but they have refused to move out. As they no longer have a tenancy, can I just go in and change the locks?
ANSWER 1:
Nope. Under the housing act 1988, tenants are entitled to stay on after the end of their fixed term, and will be deemed to have a rolling tenancy (weekly or monthly depending on how the rent is paid) under the same terms and conditions as the preceding fixed term tenancy. If you want to end this you need to serve a section 21 notice, which must give the tenants at least two months notice.
How much does it cost to evict a tenant?
ANSWER 1:
Ok....Lets start at the beginning of the eviction process. Serve a notice £65.00. Submit court papers to obtain a possession order £165.00 (plus court fee of £150.00) = £380.00. These prices are from an eviction firm that I instructed to evict my tenants. Landlord & eviction services (www.Landlordandeviction.co.uk). Hope this is of help! Kcc
My tenant gave me a false reference. The tenancy agreement was conditional to good references, and I would like to evict her, thus could I use this as a ground for discretionary eviction? i.e. I was mislead by her into the tenancy agreement
ANSWER 1:
Possibly under S8 ground 17 although this is a discretionary ground.
After serving a section 21 notice is it a automatic repossession after 2 months or on court discretion?
ANSWER 1:
The notice is nothing more than a notice. Only the court can award possession back to the landlord if the tenant fails to voluntarily hand possession back.
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