Eviction – nobody likes it but it does sometimes have to happen. And while no one likes to be evicted, it is essential that evictions are carried out speedily and correctly. This is how your letting agent will deal with it from start to finish.
Choosing The Right Notice
First the agent will consider which route to use. The Section 21 notice is often referred to as the ‘no-fault’ ground for possession and is used where a landlord wishes to regain possession of a property at the end of a fixed term. The Section 8 notice is used where a landlord has grounds for possession under the tenancy agreement, for example where the tenant is in arrears with rent or is committing a breach of the terms and conditions of the tenancy.
Serving The Notice Properly
A copy of the relevant notice will need to be served to the tenant(s) with the relevant notice period having passed. Shelter provide detailed guidance on the process of evicting tenants including the different grounds for possession and the relevant notice periods. Importantly, failure to serve a notice correctly can result in that notice being invalid and could cause significant delay to an already lengthy process.
What Happens If The Tenant Stays Put
Even when the notice period has expired, the landlord is not allowed to evict the tenants and should not try to force them out. The landlord or their agent must apply to the Court for a Possession Order and this can take several months. Only when a Possession Order has been made by the Court can a date be set for eviction and, if necessary, for bailiffs to attend. See also Letting Agents Bridgwater.
Why there’s no such thing as a DIY eviction
You may think that once the tenancy has come to an end and the date and time specified for the tenant’s departure has come and gone then you can change the locks and remove their belongings but this is not the case. Landlords who illegally evict their tenants can be prosecuted and face serious consequences. The Somerset Council Housing Team deals with cases of illegal evictions and take a serious view of such cases.
Keeping The Paperwork In Order
Throughout a tenancy, a good agent will ensure that there is always a full and up-to-date file of all relevant documentation including; statements of rent due, copies of any written communication sent to the tenant, and a full record of any inspections carried out. This evidence is often the only thing that will matter in an eviction and therefore it is vitally important that all relevant information is stored and that there are no gaps for dates. This is often one of the main things that a landlord is looking for when searching for Letting Agents in Bridgwater.
Eviction can take a long time but it’s essential that a landlord gets the process right from the serving of the first notice and thereafter to ensure that he is protected in case the case goes to court.
