Rent arrears is one of the most common reasons why a landlord may want possession of a rental property. Landlords have a legal right to be paid rent as part of a rental agreement. It is extremely valuable to have paperwork to prove that a tenant is behind on their rental payments. You should keep a record of when payments were due and evidence to show you have requested payment in writing.
What should you do if your tenant hasn't paid their rent?
Section 8 notices can be used to evict a tenant if they have breached the tenancy agreement. Reasons must be given for the eviction notice. Landlords must provide evidence that they have been in contact with the tenant about the issue that has led to the breach.
If landlords are issuing a Section 8 notice, they must give either 2 weeks or 2 months notice to the tenant before Court proceedings for possession can commence, depending on the ground for possession. Section 21 notices can be issued with two months notice, after the fixed term tenancy period has ended.
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The duration of a possession claim is largely influenced by the tenant's attitude and the speed of legal proceedings. It may take several months if the tenant is unwilling to leave, but in many cases the expected duration will be much shorter.
It is essential to understand that it can often be a complex and expensive process. The total cost of gaining possession of a rental property can vary depending on several factors, including how the tenant responds to the notice seeking possession.
Our fees for acting on a landlord’s behalf to serve a notice to a tenant can cost around £200 plus VAT. This is a necessary step in the process, as it formally informs the tenant that they are being asked to vacate the property. If the tenant refuses to leave, the landlord will need to apply for a possession order.
The Court fee for applying for a possession order is generally around £355, and our fees will be around £800, plus VAT. This is the next step in the process if the tenant does not leave the property after the notice period has expired. Once a possession order has been granted, the landlord may need to enforce it, which can also be costly.
Using a County Court Bailiff to enforce the possession order is cheaper than going through the High Court. This option is often used when the tenant has left some possessions behind, and the landlord needs to remove them from the property.
All these costs can quickly add up, and it is easy to spend over £1,500 to evict a tenant if landlords want it done as quickly and efficiently as possible. It is, therefore, important for landlords to carefully consider their options and seek legal advice if necessary to ensure that they follow the correct procedures and minimize costs.
If a tenant ignores a Section 8 or 21 notice, the landlord can apply for a possession order. If the tenant still does not vacate the property after receiving the possession order, the final step is for the landlord to apply for an eviction date with the County Court.
County Court Bailiffs and High Court Enforcement Officers are two types of agents who are employed to recover debts. While their primary goal is the same, they have slightly different powers.
County Court Bailiffs are responsible for enforcing orders issued by the County Court. They are authorised to collect debts of up to £5,000. If the tenant has failed to pay rent or other debts, the landlord can apply for a County Court Judgment (CCJ) against them. Once a CCJ is obtained, the landlord can request the County Court Bailiffs to enforce the order. The Bailiffs will then provide the tenant with a notice of 14 days to vacate the property. It is important to note that Bailiffs can only enter a property if they have permission to do so or if the door is open. They cannot enter between 9pm and 6am, and they cannot use force to gain entry.
In contrast, High Court Enforcement Officers are private sector agents who are authorised by the Ministry of Justice. They are often instructed if the tenant's rent arrears exceed £5,000. High Court Enforcement Officers have the power to enforce High Court Writs, which are orders issued by the High Court. They can arrive at the property unannounced and are allowed to use force if needed to gain entry to the property. They have the power to seize goods to cover the outstanding debt, and they can also sell those goods to recover the debt. It is important to note that the fees charged by High Court Enforcement Officers are significantly higher than those charged by County Court Bailiffs.
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Landlords can access a variety of resources that provide advice on different aspects of property management, such as the process of evicting a tenant.
The National Residential Landlords Association offers a comprehensive collection of documents, forms, and guides, which include advice on how to end a tenancy.
Our team has over 30 years of collective experience in delivering high quality work in all matters relating to landlord law and tenant evictions.
We have seven members of the team who may work on your matter as well as a team of consultants. Regardless of who works on your matter, they will be supervised by Abraham Khan, Solicitor Director.
