Landlords must be very vigilant when it comes to dealing with complicated tenants. Under the security and protection from Eviction Act of 1977; a residential tenant can only be dispossessed with a court order.
It is also a criminal offence to bother and harass a tenant; these consist of certain actions such as intentionally cutting off utilities, regular visits, and presenting a threatening behaviour. However, these certain rules do not commonly protect lodgers who can be considered as intruders once their arrangements with the property owner have expired.
With an assured shorthold tenancy, there are only two kinds of sensibly rational grounds for an eviction order. These are the non-payment of rent and the appropriate service of a notice which could terminate the tenancy agreement.
Non-Payment of Rent
If a tenant is beyond 14 day late of paying the rent, a landlord can usually pursue to end the tenancy after a notice has been provided.
These forms of notice are more difficult and the landlord would definitely need to take some legal advice. The trouble here is that the tenant may be able to pay off the rent any time, so landlords have no valid certainty that they will be able to reclaim their property back. Once notice has been given, the landlord can then make an application to court for an eviction order. If rent fees are still unresolved at the time of the court hearing then this kind of application is usually effective and successful; which will then result in the eviction of the tenant.
Notice to Terminate The Tenancy
The landlord can provide a notice with no explanation, resulting to termination of the tenancy after the fixed period of time which is commonly up to six months. The service of notices can be difficult and if there is any uncertainty regarding the matter, it may be best to consult a solicitor to make one and deliver it as it then becomes their accountability.
Landlords often ensure that fixed period of an assured shorthold tenancy is set only at a minimum period of six months in order to guarantee that they can regain back their property. Then, if the landlord realizes that the tenant is not suitable after three months, they will basically give notice to put the tenancy to an end at the six month period, instead of trying to prove misconduct, as this can be very complicated.
In a huge majority of cases, tenants usually leave the property once the notice expires. However, if the tenant refuses to leave the premises, the landlord will then have to pursue a court order for the tenant’s eviction.
If the notice has been appropriately given, the court will permit a court order for ownership, at which point the bailiffs can proceed and evict the tenants. The tenants will still continue to be legally responsible for any unpaid fees and any other breaches of the tenancy agreement, but these may not be worth pursuing.
Unfortunately, because of certain complications in getting appropriate evidence it is remarkably difficult to evict tenants because of ‘antisocial behaviour’, but it can be possibly done. Commonly, if the landlord is able to; they can merely repossess the property or end the tenancy because of non-payment of rent.
Table Of Contents
- Landlords Home Letting guide Intro
- Responsibilities Of A Landlord
- Landlords and Houses In Multiple Occupation
- Letting A Room In Your Own Property
- Contracts With The Tenants
- Pros And Cons Of Hiring A Letting Agent
- Landlord Letting Insurance
- Tenancy Deposit Schemes
- Evicting Tenants
- Difficulties That May Arise With Tenants