Landlord needs help with eviction

[joni b]

Hi,

this is my first visit to this forum, so please be gentle with me.

 

I sold my business two years ago, all was fine until February this year.

My tenant got behind with the rent, they still owe for February and up to date.

I've given her the chance to pay the rent on a weekly basis, and to catch up on the arrears, and extra £100 per week. That was fine for about 8 weeks,the payments ceased, as she said she didn't have time to go to the bank, so we suggested paying the rent by standing order which she agreed.

We still have no rent, so I need to know how to evict her. Also, does anyone know what I can do to prevent them from desroying my property before they leave?

thankyou

[chesham]

Tricky subject!!

 

To start, it's a criminal offence to evict a tenant without a court order.

 

In order to start off the repossession process, you must issue a Section 8 Housing Act 1988 notice. This gives the tenant 14 days to respond. The issuing and the wording are fraught with loopholes (such as where you put it, who you give it to, the colour of the paper!!), and I really would advise you to seek some help from a solicitor or a landlord service who can draw it up correctly and advise on it's issue.

 

Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court where the judge must award a repossession order if the rent remains unpaid and in arrears of over two months or eight weeks at the time of the hearing. Exceptions to this will be if the property is in disrepair or if the rent arrears is because of a delay in a housing benefit claim in which case you should have dealt with the Local Authority and not have applied to the court.

 

Having won the repossession order in court, most tenants will scarper before the 'heavies' turn up. However, if they do not, you must arrange for Court Bailiffs to remove them!

 

As for damaging your property, that's a tricky one. Obviously, if you do find damage when you are back in there, then you can sue - but would you not have the deposit to use for any damage? From a legal point of view, the deposit can't really be used for rent arrears (hence the now regulated Landlord Deposit Scheme). However, you may just want to cut your losses from this tenant and just deal with it if it's easier...

 

The above sounds simple, but in reality it often isn't... defences are made, things are stalled, sob stories are heard.......but sometimes it just sails through and you get the pleasure of watching them get thrown out by 4 burly bailiffs and wave them goodbye....!!

[joni b]

Hi Chesham,

thanks for that. The tenant isn't in my house, they are

leasing my shop.

As you suggest, I will be seeking legal advice on Monday.

I asked for help and advice on here, as I'm already so much out of pocket with rent arrears that I'd like to avoid costly solicitors fees.

[chesham]

ah ok......commercial eviction is a different matter and is submerged in legal jargon due to the nature of the lease and the possible liability for damages through eviction......but do tend to be easier and more straightforward in terms of obtaining an order and seeing it through.

 

From memory I think you can recover arrears by distress and serve a notice of eviction and go ahead and do it....but PLEASE CHECK! Not sure, been a while since I touched on this.