Sunday, September 30, 2012

3 points to bear in mind when evicting a tenant

Brought to you by our friends at Osborne Clarke

Being a landlord doesn’t have to end up turning you into some sort of Cruella de Vil type of caricature. On the other hand, if you want to avoid disputes descending into complicated litigation it’s worth getting your own side of the transactions right. Here are three tips to bear in mind when it comes to evicting a tenant.

1. The right procedure
Most landlords will probably want to use the accelerated procedure provided by section 21 of the Housing Act. But before you dash off down that route, make sure that it in fact applies. For example, it can only be used to invoke a right at the end of an assured shorthold tenant. What’s more, check that there are no other complications such as there being a resident landlord or the tenant being a limited company. Even if section 21 does apply, don’t forget that if you also want to claim for rent arrears then you might also need to serve a section 8 (of the Housing Act 1988) notice.

2. Paperwork
Once you know which notices you need, make sure you have all the correct paperwork in place extending from the original terms and conditions, through any changes which may have been made to any evidence of non-payment of rent and the like.

3. Service
After that you should be ready to serve the notice on the tenant. But before you do, make sure that it’s issued either using Possession Claim Online or that it is issued from the correct court. What’s more, if you’re serving the notice in person, make sure you get good evidence of that service.

Beyond that, if in doubt, consider instructing a
real estate solicitor.

Osborne Clarke solicitors are leading specialists in real estate and property law.

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