Dealing With Tenant Eviction In The Uk

Dealing With Tenant Eviction In The Uk

By:


When entering a contract between tenant and landlord, it is best noted that though the landlord has given notice through the lease the tenant has signed and dated, that there are still landlord and tenant responsibilities required by law.

General conditions usually mean when and amount of rent that will be paid, care of the property, responsibility of the tenant and his/her visitors, permissions to be granted for access by the landlord for necessary repairs or extraordinary occurrences. The lease may include specific clauses specific to the property that both the landlord and tenant agree upon.

A tenancy is usually ended by the tenant or landlord at the end of the lease, a served notice or an eviction.

Tenants on fixed-terms through a binding lease can only end their tenancy at the end of the lease or pay the penalty of arrears of the contract. Should a tenant decide to stay on the premises after the lease agreement has been fulfilled it becomes a rolling agreement. With a rolling agreement, the tenant now has the option to give the landlord a 30 day notice of termination in writing, ending on the day rent is due.

On reflection, a landlord must also give a tenant 30 day notice should they wish the tenant to no longer occupy the property. Unless for tenant eviction, this can be an agreement by landlord and tenant upon the date of the end of the arrangement, or two months, or when the next rents are due, whichever is longer.

Under an assured short-hold occupation, a landlord may demand a tenant eviction without difficulty. Common reasons would be for rent not being paid, consistent late payments past the agreed rent due date.

In a month to month tenant/landlord agreement; a landlord may have the tenant removed by court order with the correct notice given, without burden of proof of wrong doing.

In a lease situation, a court will require good reason for the eviction and then consider whether eviction is the reasonable course of action.

There are two types of court proceedings: Under the short hold ground set in s21 of the Housing Act of 1998, you may use the 'accelerated possession procedure" where the order is made on paper and there isn't a hearing.
The other is the 'rent arrears ground" (ground 8) using the fixed date procedure. The court order can only be made after a court hearing which you must attend to give evidence for the eviction.

It is a criminal offence to evict a tenant other than by court action. Possession notices (section 21 and section 8) should be served as a precautionary measure.

About the Author:
Clifford Johnston & Co, a specialist in Tenant Eviction.



Article Originally Published On: http://www.articlesnatch.com


Tags:

|

Loading...
Related....
Videos...

Recent Home-and-Family Articles

Comments

Still can't find what you are looking for? Search for it!

Loading

Site Navigation:

Copyright 2005-2011 ArticleSnatch, LLC - All Rights Reserved.
Privacy Policy | Terms of Service.