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Evicting Tenants?

So, what if we have to evict the tenants?

There are two types of court proceedings which we mainly use:

1. Accelerated Possession Procedure

This can only be used where:

• the tenancy is an assured shorthold tenancy (AST)

• there is a written form of tenancy agreement

• a valid form of section 21 notice has been served on the tenant

• the notice period (two months) in this notice has expired

We would use special accelerated possession procedure form, and make sure that copies of all relevant documents are sent to the court.

If successful, we will get:

• an order for possession

• an order that the tenant pay fixed costs.

The advantage of this type of procedure is that it is quicker, there is (normally, if all your relevant paperwork is in order) no court hearing, and if we are using solicitors, the legal costs will be less.

2. Under the Rent Arrears Ground

This should be used where there are rent arrears of a total value of more than two months worth (i.e. for a rent of £300 per month the arrears are £600 or more).

We would have initially served a ‘section 8’ notice in the prescribed form before issuing proceedings and the notice period of two weeks must have expired.

We would then use the ‘normal’ possession proceedings (known as a ‘fixed date’ action) and the court will set the case down for a hearing, which you will have to attend.We will give evidence to the court of the rent arrears due at the date of the hearing.

With this procedure you would get:

• an order for possession

• a money judgment for the rent arrears due at the date of the court hearing

• an order that the tenant pay you an ‘occupation rent’ (also know as ‘mesne profits’)

• an order that your tenant pay your legal costs, which will be assessed by the Judge at the hearing. 

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