Getting
rid of a tenant, where that tenant doesn’t want to go, is never easy. It’s not
usually necessary either, as the vast majority of tenancies don’t end up at the
stage where the landlord ‘wants rid’ of the tenant. Occasionally, maybe in
about 1% of cases, the landlord does need to end the tenancy, and when he’s
doing so, it’s a good idea to note the following:
1.
Any tenancy is always best ended amicably, because it’s
quicker and cheaper. If you can persuade your tenant to leave within a
reasonable period of time, that’s always going to be your best option. As such
even if you are having problems with your tenant, maintaining good
communication is always beneficial.
2.
If things can’t be done amicably, you’ll need to apply to
court for possession of the property. Certain notices have to be issues to the
tenant beforehand and a landlord needs to make sure that all dates and tenancy
paperwork are 100% correct, or the court won’t hear the case. Note that if the
tenancy deposit hasn’t been registered in accordance with the rules, the
landlord will not be able to make a successful claim for possession.
3.
The length of time it takes the court to award possession can
vary massively. We had one case recently where the landlord applied at the
start of a month and had possession at the end. Equally there have also been
periods in recent years where the court has been 3 weeks behind with just
opening mail, and as such possession has taken 3 months.
4.
If your tenant is in receipt of benefits, you’ll get no
assistance from the Local Authority at this stage, although of course they’ll
make noises about working with landlords at the same time. The Local Authority
is responsible for re-homing anybody made homeless as the result of eviction,
but they won’t do this until the landlord has been all the way through the
court process, right up to the point of a bailiff visiting. As such getting rid
of a Local Authority tenant can take time.
So
what does it cost? Well if you go all the way through the process, you’re
looking at about £400.00 in court costs, plus what ever legal fees you incur. If you’ve purchased good quality landlords
insurance (such as the one we sell!), you should get reimbursed for the lot. Alternatively
you may need the services of a solicitor, although a competent lettings agent should
be able to assist at reduced cost. Either way evicting a tenant isn’t a cheap
option.
The
main message, if you do manage your own tenancy, is to avoid an eviction
situation wherever possible!
Richard.
