Court proceedings may be necessary for those who are Rent arrears & eviction problems. There are two types of these proceedings that are common.
With the first, the court order is listed on the official procedure with no hearing necessary. The second one is when a court ruling can only happen after the hearing which requires the presence of someone to provide evidence. It is important to note that eviction without a court order is illegal.
To protect your finances, do not believe the statements from tenants that agree to leave by a certain date or bring their rent current.
Tenants need to be made aware of a time frame for either vacating the property or becoming current on the rent. If neither is done within the allotted time frame, begin the legal process.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records to the court.
To evict someone due to arrears on rent, several requirements include: two months behind on the rent or a total of the same, serve a 'section 8' notice using the required method before issuing proceedings, the notice period of two weeks must have expired and use the normal possession proceedings.
Take the following into consideration when choosing the appropriate method.
If everything is in order, a tenant cannot hinder you from attaining possession using the shorthold ground. The fast track process will not let you claim rent and get a money judgment. If the tenant becomes current on the rent, eviction cannot happen based on the grounds of past due rent.
If you simply want them to move, a section 21 notice and a longer waiting period will be required.
The first proceeding is better if the tenant plans to file a claim for poor property maintenance.
Receiving a monetary judgement is next to impossible after a tenant has vacated the property.
If you're sure that the tenant will stay employed, you can choose the fixed date procedure. A fixed date procedure will have to be used if rent is not being paid and there are several months left on the lease.
With the first, the court order is listed on the official procedure with no hearing necessary. The second one is when a court ruling can only happen after the hearing which requires the presence of someone to provide evidence. It is important to note that eviction without a court order is illegal.
To protect your finances, do not believe the statements from tenants that agree to leave by a certain date or bring their rent current.
Tenants need to be made aware of a time frame for either vacating the property or becoming current on the rent. If neither is done within the allotted time frame, begin the legal process.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records to the court.
To evict someone due to arrears on rent, several requirements include: two months behind on the rent or a total of the same, serve a 'section 8' notice using the required method before issuing proceedings, the notice period of two weeks must have expired and use the normal possession proceedings.
Take the following into consideration when choosing the appropriate method.
If everything is in order, a tenant cannot hinder you from attaining possession using the shorthold ground. The fast track process will not let you claim rent and get a money judgment. If the tenant becomes current on the rent, eviction cannot happen based on the grounds of past due rent.
If you simply want them to move, a section 21 notice and a longer waiting period will be required.
The first proceeding is better if the tenant plans to file a claim for poor property maintenance.
Receiving a monetary judgement is next to impossible after a tenant has vacated the property.
If you're sure that the tenant will stay employed, you can choose the fixed date procedure. A fixed date procedure will have to be used if rent is not being paid and there are several months left on the lease.
About the Author:
If you are a tenant living in a rented apartment or house, you will want to make sure that you know all you can about Rent Arrears & Eviction - learn more at http://www.landlordangel.co.uk/
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