Tenants In Rent Arrears
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Tenants In Rent Arrears
Tenant is 2 months in arrears but only 3 months into 6 month assured shorthold tenancy - can I evict now or do I have to wait until the end of the 6 months. I have already served section 21 (b) requiring possesion at the end of the 6 month term.
ANSWER 1:
If your tenant is two months in arrears, you may serve a Section 8 Notice which is a 14 day notice demanding possession of the property together with the outstanding rent arrears.
If your tenant fails to leave the property or settle the arrears by the end of the notice period you will be entitled to commence proceedings to evict your tenant and recover your property regardless of how far into the tenancy period they are.
Please note, in order for a court to award possession of the property the tenant must have been at least two months in arrears at the time of serving the notice AND at least two months in arrears at the date of the hearing.
My tenant has falled 2 months into arrears. How long does it take to evict him and what are the total costs involved?
ANSWER 1:
Once the relevant notice has expired, the eviction process through the courts takes roughly 6-10 weeks depending on the speed of the court and the dates that the court has available for a possession hearing. In some cases it may be longer.
Costs will vary depending on whether you choose to deal with the matter yourself or instruct a solicitor to deal with it. I offer a fixed fee for example.
What i can tell you about costs is that if you use the 'paper' route to eviction the court fee will be £175.00 but if you apply online the court fee is £100.00.
My tenancy agreement says that if the tenant does not pay the rent that I the landlord can take possession. Can I take possession now that the tenant has not paid the rent?
ANSWER 1:
No. Landlords must always obtain a possession order either via the accelerated or normal tenant eviction procedure routes in order to take possession of property.
My tenant hasn't paid rent, can I just change the locks?
ANSWER 1:
No: you have to wait until the tenant is two months in arrears before you can start eviction proceedings via the courts under section 8, ground 8 (serious rent arrears). This assumes there is an ast in force.
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