Real Estate
Know The Process For Rent Arrears & Eviction.
December 8, 2009 by Harry Carr · Leave a Comment
Court procedures could be a necessity for rent arrears & eviction. There are two kinds of procedures that are commonly used.
One proceeding is a notice with the court order on it. In the other proceeding, before a judgment can be made, a hearing has to take place. Trying to evict someone without a court order is unlawful.
Do not rely on promises of payment or estimated leave dates made by tenants. If the promises are not kept, severe financial loss can occur.
Let tenants, who are behind, know that there is a time limit on getting caught up or leaving the premises. Upon expiration of the time limit, start the legal paperwork as soon as possible.
The first type of court procedure can only be done under these circumstances: assured shorthold tenancy, a written form of tenancy agreement, a valid form of section 21 notice has been served and the two month notice period in the notice has expired. Keep copies of your information to send 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.
Think about the following when selecting a proceeding.
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 fast track procedure is recommended if the tenant plans on using the defense of poor property management.
Receiving a monetary judgement is next to impossible after a tenant has vacated the property.
If you’re positive that the tenant will still have a job, select a fixed date process. A fixed date process is required if there is quite a bit of time left on the lease and they are not paying their rent.
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/
categories: property,tenant,landlord,law,real estate
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