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I have a tenant who hasn't paid for three months. We have threatened eviction, what are we now legally entitled to do?
I have a tenant who hasn't paid for three months. We have given two written warnings and threatened eviction, what are we now legally entitled to do and what is the correct procedure to follow?
You can obtain possession using the rent arrears route or the accelerated possession procedure.
Rent Arrears Procedure:
You must serve a S.8 Notice. If there are at least two months or eight weeks arrears of rent (depending if it is a monthly or weekly rent paying tenancy) you have proved Ground 8, which is a mandatory ground. If the arrears are more than two months/eight weeks when the Notice is served, proceedings are issued and the matter comes before the Court, the District Judge has no discretion other than to award a possession Order.
The Notice should give at least two weeks warning. Once proceedings are issued the Court will list the matter for a five minute hearing which, depending on the length of the Court's list, will be six weeks or so away. If Ground 8 is proved at that hearing a possession Order will be made. If the tenant raises a defence however (for example, by alleging housing disrepair) directions for a full trial will be set which is likely to take six months or so to be heard.
If the rent arrears are less than two months/eight weeks you can still seek possession on Grounds 10 and 11. These are discretionary grounds, which means that the ground must be proved and the District Judge satisfied that it is reasonable to make a possession Order.
At any hearing if successful, as well as a possession Order, you can be awarded a money judgment for the rent arrears.
We can act for you in drafting the Notice, drafting and issuing proceedings and attending the first hearing for a fixed fee of £950 inclusive of VAT and disbursements. If it is necessary to instruct bailiffs then the bailiff's fees of £95 will be charged in addition to this.
Accelerated Possession Procedure:
A S.21 Notice will have to be served which must afford the tenant at least two months notice and should not expire before the end of the fixed term or the tenancy period that applies at the time the Notice expires.
Once this has expired, accelerated possession proceedings can be issued in the County Court. If the tenant does not defend the proceedings it is possible for a possession Order to be granted without the need for a Court hearing. Once again the tenant will be afforded 2 weeks or so to vacate (a maximum of 6 weeks can be given in exceptional circumstances) following which you would have to instruct the bailiffs.
You will not obtain a money judgment for the arrears if you use this procedure. This procedure is also not available to you if the tenancy was not in writing and/or the tenancy post dates 6th April 2007 and the deposit was not paid into a recognised tenancy deposit scheme.
We have a guaranteed possession service for accelerated possession proceedings at a fixed cost of £600 inclusive of VAT and disbursements, which does not include any attendance at Court or the bailiff's charges (£95) for enforcing the possession Order.
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