subject: How To Evict A Non Paying Tenant [print this page] As soon as a tenant falls behind with the rent find out the cause by talking to the tenant. Try and agree a repayment plan. If a plan cannot be agreed the landlord should issue legal notices. Firstly, a Section 21 notice should be served with all assured shorthold tenancies. Secondly, a Section 8 notice should be served where there are at least two months of rent outstanding. At this stage of the landlord should check that he has a signed copy of the tenancy, rent schedule details, the deposit has been correctly protected, and has seen to any disrepair issues.
If the tenant has not responded after two weeks of receiving the Section 8 notice legal proceedings must be started without delay. Ensure that all the correct paperwork and evidence is in place before issuing the claim. If there are any errors they will only surface at the hearing 7 weeks after the claim is submitted to the court. Errors with claims could result in a second hearing meaning additional delays and costs. Remember that the recovery rate of housing related debts is low as problem tenants tend to have many creditors and low incomes.
Tenants have the right to file a defence to a landlord's claim for possession. Tenants have many opportunities to obtain free help from legal aid solicitors, Shelter, local housing authorities, and the Citizens Advice Bureau. There are a number of government web sites advising tenants what to do if they are facing eviction. Remember that there is a serious shortage of social housing. To ease pressure on this resource an army of professionals assist tenants to remain in their homes.
If a defence is filed the landlord must treat it as an emergency. The quicker a reply is filed with the court, or a settlement is reached with the tenant's legal representatives, the better.
For more information contact Bartletts Solicitors at http://www.landlordsolicitor.com/index.html
by: Erick Francis
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