Evicting a Tenant
Landlord & Tenant
Most tenancies these days are Assured Shorthold Tenancies. The potential benefit to the landlord is that to obtain possession of the property should be relatively easy, as long as the procedure is correctly followed. There are 2 main ways for landlords to recover possession of their property:
Section 21 procedure
Use it once the fixed term has expired and your main aim is to obtain possession and not to recover any rent arrears that may be owing. If the procedure is followed the court must grant possession.
Section 8 Procedure
Use it where the fixed term has not expired and the landlord wants to obtain possession and possibly a judgement for rent arrears. This is slightly more involved and will involve a court hearing.
Which procedure is best?
This will very much depend upon the ultimate aim of the landlord. If the landlord really wants to obtain possession, then the Section 21 Procedure is the best route to take as it is the most straight forward. However, this can only be used once the expiry of the fixed term has occurred.
If the fixed term has not expired or the landlord wants a judgement in respect of arrears or property damage, then the landlord has no option but to use the Section 8 Procedure.
Let us advise you on the best way to obtain possession of your property and how to overcome any potential difficulties that may arise if deposits have not been deposited correctly.