Landlords Bible : Landlord advice on evicting a tenant from a rental property

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THE TENANT WONT MOVE OUT

The problem of a tenant refusing to move out is often connected with non payment of rent as just discussed. A landlord should never try and take matters into their own hands and forcibly evict a tenant; however tempting this may be. It’s illegal and the tenant may have a case of taking action against a landlord for illegal eviction. The result of this could be that the court allows the tenant to re-occupy a landlord's property and/or that the landlord may end up having to pay damages (which could be substantial). This would be the final insult to a landlord trying to get a property back because they had not had any rent paid.

The moral of the story is “don’t get mad……get even” and in this case “get possession” but through legal means. During the eviction process make sure that where possible you stay on amicable terms with your tenant. In this way the landlord is more likely to be able to obtain information that could be vital in tracing a tenant if they leave.

I have set out the procedure for landlords gaining possession in the chapter on Tenancy Agreements in the Landlords Bible. An important point to make is; it’s essential that any notice that a landlord serves is completed correctly. Whilst this is a fairly straight forward thing to do if you understand the law and know what you are doing.

There are however all sorts of ‘pit falls’ for the unwary landlord. For instance, ensuring ‘good service’ is vital. This refers to the way that the legal documents or notices are served on the defendant. The best form of service is by hand with a signature from the recipient to acknowledge receipt. However, the chances of this happening are practically zero. Equally effective though is the delivery of the documents by hand, with the deliverer subsequently signing a document known as a Witness Statement confirming these actions.

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Comments (4)

tennant won't move out

bought a property closing date oct.1, was infromed by the seller that the tennant won't move out because she cannot find suitable accom. this was told to seller at 9am on a friday morn. oct. 1 is monday. my mom is supposed to move in. now what?

#1 - m. neufeld - 09/30/2012 - 22:41

What the counsil say

The counsil have told my tenant that they won't re-house her until I get a possession order and baliffs, even though the guarantor has threatened me with violence if any paperwork drops through his letterbox due to a secret life. I've made the counsil fully aware of this and even though they warned my tenant that if anything was to happen they would remove her priority status, the guarantor has since kicked off displaying very aggressive behaviour towards landlord to the extent of a 999 call as I feared for my life. Resulting in not even a warning saying it was "tit for tat" This is an extremely dangerous situation and I think the council are being very irrisponsible giving this type of advise. Can anyone help me????

#2 - nicky - 02/03/2013 - 13:23

That is standard advice for HB tenants...

Nicky - what the council have said to your tenants is pretty much the typical standard. The council won't do anything until court action and an possession order. Some councils tell the tenants to wait until an actual bailiffs appointment! If I was you, I would forget dealing with all this yourself and just get one of the eviction companies to deal with it. Fixed fee, no hassle, you won't even have to go to the court hearing. Believe me I did not want all the mither of that. Try these http://www.evictions-southeast.co.uk/housing-benefit-not-being-paid.htm OR these http://www.tenant-evictions.co.uk/ both are cheap.

#3 - Sam - 03/01/2013 - 22:11

Council

Homeless legislation states that local authorities have a duty to house certain categories of people. Local authorities are provided with guidance about coming to a decision of eligibility for re-housing homeless people. In particular, they should have regard to section 9.29 of the Code of Guidance on Parts VI and VII of the Housing Act 1996, which states: "A local authority should not require tenants to fight a possession action where the landlord has a certain prospect of success, such as an action for recovery of property which is let on an assured shorthold tenancy where the fixed term of the tenancy has ended." If, as it appears to be in this case, the local authority disregards this guidance, the landlord can refer the matter to the Local Government Ombudsman, claiming the landlord's costs of having to pursue a possession action.

#4 - Anom - 05/17/2013 - 18:05

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