Case studies: How To Evict A Tenant

Overseas Landlord’s problem with non paying tenant

We were recently contacted by a landlord who had moved to Dubai and who had let his property in the UK.

Initially the tenant paid the rent and everything worked well. However the tenant was now two months in arrears of rent and although the tenant kept promising payment no payments were received. We had a discussion with the landlord and advised service of a section 8 notice immediately. This was served within 24 hours upon the tenant by first class post and recorded delivery. When the tenant still did not pay the arrears of rent or leave the property we issued court proceedings and received a hearing date within 24 hours from the County Court in six weeks time.

The Landlord did not wish to return to the UK and we therefore prepared a witness statement on the landlords’ behalf which he signed and returned to us and which was filed at the County Court and served upon the tenant. An Advocate attended the Court hearing on behalf of the Landlord and obtained a 14 day possession order, a county court judgment for the arrears of rent and fixed costs. We also obtained an order that the rent deposit be released to the landlord.

Following the bailiff evicting the tenant we issued attachment of earnings proceedings for the amount of the judgment less the rent deposit and the landlord eventually received payment of all of the rent arrears and fixed costs in full.

Landlord requires possession of property as he wishes to sell the property

We advised a landlord recently who wished to sell a property, he had a good relationship with the tenant and there were no arrears however the tenant had been advised by the local council that he would not be re-housed unless his landlord obtained a possession order against him.

We advised the Landlord that if the tenant left without the landlord obtaining a possession order that tenant would be considered by the Council to have intentionally made himself homeless and they would not re-house him. In the circumstances we advised the immediate service of the notice under section 21(1)(b) as the tenancy was due to expire the following month giving two months notice. Upon the expiry of the notice Court proceedings were issued using the accelerated possession procedure where there is no hearing.

The Court awarded a 14 day possession order with fixed costs and upon expiry a warrant of possession was issued. Upon the tenant producing the eviction notice to the Council the Council re-housed the tenant and the tenant subsequently left the property in good condition and with no rent arrears.

Landlord believes tenant has left the property within the period of the tenancy.

We were recently contacted by a Landlord whose tenant was nearly two months in arrears of rent.

The Landlord had tried to contact the tenant by telephone and e-mail but had received no response or payment. The landlord believed that the tenant had left and he wished to enter the property and take possession of the same.

We discussed with the Landlord the Protection from Eviction Act and that it was a criminal offence to unlawfully deprive a residential occupier of a property unless the landlord could prove he had reasonable cause to believe the occupier had ceased to reside at the property and that illegal eviction could result in a claim for damages against him or a fine or imprisonment. We advised him to write to the Tenant giving him 24 hours notice that he wished to attend and inspect the property in accordance with the tenancy agreement. Upon the landlord attending at the property he telephoned us and we advised the Landlord to look through the letterbox to see if the property was empty, he reported that there was a lot of mail near the door but that the tenant’s furniture appeared to be still there.

We advised that a section 8 notice be served immediately and that in the meantime he make enquiries of the neighbours to see if the tenant was still residing in the property. Following service of the notice the landlord contacted us to report that the tenant had contacted him and apologized for the arrears of rent, apparently his mother had been ill and he had been away for some time looking after her, he settled the arrears and continued his occupation of the property.