Sponsored blog post: Advice on Evicting Residential Tenants

The current European sovereign debt crisis has greatly added to the economic uncertainty initiated by the 2008 credit crunch. As a result job losses are again on the upward march. These macro-economic events, coupled with a reduction in housing benefit payments and an increase in residential rental rates, have caused more and more tenants to default on their rental payments. It is hardly surprising that landlords are increasingly seeking legal advice on tenant eviction.

So what should a landlord do when a tenant falls behind with the rent? Firstly establish contact with the tenant to find out what the problem is, and agree on a repayment plan to reflect the tenant’s new financial circumstances. The repayment plan should clearly set out in table format the amounts and the dates that the rent will be paid on.

Secondly, the appropriate eviction notices need to be served on the tenant. This will save the landlord time in the event that the tenant does not stick to the repayment plan, and a court order is required to repossess the property.

Evicting a tenant is not easy, as a landlord’s claim for possession can be struck out of court for the smallest paperwork error. In addition, tenants often have the benefit of free legal aid housing lawyers, and district judges will often use their discretion to extend the time that a tenant can remain in a property. Therefore a landlord should always consider instructing a specialist solicitor.

September 30, 2011 · Tim Kevan · Comments Closed
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