If you tenant has not paid you any rent and you think you have a slim chance of extracting any money from him then it may be time for you to start thinking about evicting your problem tenant. Please be aware that it is against the law to try to evict your tenant with out using the correct procedure. At this point it may an idea to seek the help of a professional.
The Law in England and Wales regarding rent arrears
Private sector tenancies are governed in England & Wales by The Housing Act 1988. If your tenant is in rent arrears of more than 2 months then the judge must give you a repossession order.
To get your property back it is advised that you serve a section 8 notice on your problem tenant. The problem tenant has 14 days to respond to this notice. If your notice is completed incorrectly it can delay the process of getting your property back from the tenant. It is advisable to seek the help of someone who knows what they are doing such as Landlord Angel.
Applying for court action
Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court where the judge must award a repossession order if the rent remains unpaid and in arrears of over two months or eight weeks at the time of the hearing. Exceptions to this will be if the property is in disrepair or if the rent arrears is because of a delay in a Housing Benefit claim in which case you should have dealt with the Local Authority and not have applied to the court.
Having won the repossession order in court, most tenants will vacate your property as instructed. However, if they do not, you must arrange for Court Bailiffs to remove your tenant.
Serve a section 8 notice in as little as 3 minutes. Visit Landlord Angel to serve your eviction notice.
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