The problem – how to evict your tenant
You have decided you need to evict your tenant. But you don’t have a lot of money to pay solicitors fees.
Maybe your tenant is failing to pay rent and this is making life difficult for you. Once you get your property back you know you can re-let it really easily, but first you have to get out the current tenant out.
You have never taken anyone to court before, and don’t know what to do. However you are a bit of a ‘have a go’ person, so if you could just get a bit of help, you would quite like to do it yourself. But where to get the help?
The answer – Landlord Law
Here’s what you do:
1. Join Landlord Law as a landlord member.
There is a monthly fee of £20 for ‘Standard Membership’, however it is better value to join for a year as a ‘+Plus Member’ at £180 as you then get three months for free AND you can use the DIY Eviction Guide. There is also a six month +Plus Membership option.
2. Follow the tenancy trail
This is just so you can work out what sort of tenancy you have, although most likely it will be an assured shorthold tenancy. It is important that you are sure though, as it affects the type of claim you can bring at court.
3. Follow the which possession proceedings trail
This will tell you what type of court procedure is the correct one for your situation. It is important not to get this wrong as you could waste a lot of money – and in a worst case scenario could end up having to pay your tenants legal costs if you lose. There is now a free version of this trail for non members >> here.
4. Serve the correct possession notice
The which possession proceedings trail will tell you which one to use. All our notices come free of charge with full instructions, as part of your Landlord Law membership. If you have any queries you can just ask me a question in the Landlord Law forum.
5. Use the do it yourself eviction kit
This coveres using the accelerated possession procedure based on section 21, and bringing a claim based on rent arrears. The vast majority of possession proceedings in the private sector use one or other of these. The DIY Guide is available free of charge to Landlord Law +Plus members. It also includes guidance on evicting unregulated ‘common law’ tenants.
6. Bring your claim for possession
The kit has all the forms you need, plus there is help in the forum, and you can buy additional telephone support.
Bingo! You get your property back (not immediately but in most cases you WILL get it back) for a very modest cost.
Then, once you have got the tenant out, you can use the Landlord Law tenancy agreements for your next tenant.
fasttrack means min of two mths notice so tennant will stop paying.Will not move so two wks notice of court proceedings. 2 wks for court to set date.Min 6 wks for hearing and judge allows 4 wks to go. 23wks lost rent @ £98(swansea LHA rate) plus £150 court costs,is not a shoe string,and you may have to pay a bailliff and certainly cleaning/repairs/painting after,and loss of rent during this period.£4k at least. With normal eviction the tenant must be 8 wks in arrears and then you give them 2 wks notice of your intention of court action, which totals the same as “fasttrack. after 30 years letting I`m giving up.The only consolation is costs are tax deductable and no rent-no tax to pay.So gov loose as well.
Nothing in life is risk free, and being a landlord is a business. Sometimes in business you lose out and lose money. Its not fair but it happens.
One way to protect your position is to take out insurance. But comprehensive legal and rent protection insurance is expensive so many landlords don’t have it.
If you are stuck with a non paying tenant, don’t have insurance cover and don’t have a lot of money for solicitors fees, this blog post sets out an alternative and less expensive way of doing things. Thats all.