Court procedures could be a necessity for rent arrears & eviction. There are two kinds of procedures that are commonly used.
With the first, the court edict is mentioned on the official paperwork without the need for a hearing. The second one requires a hearing before a decision can be made. The presence of yourself or a representative is necessary to provide proof. Without a court order, a person cannot be evicted.
To protect your finances, do not believe the statements from tenants that agree to leave by a certain date or bring their rent current.
Notify tenants that there is certain amount of time for them to pay or leave. When the notice expires, do not hesitate to seek legal proceedings.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records 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.
When trying to choose which method to use, consider the following.
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.
With the first, the court edict is mentioned on the official paperwork without the need for a hearing. The second one requires a hearing before a decision can be made. The presence of yourself or a representative is necessary to provide proof. Without a court order, a person cannot be evicted.
To protect your finances, do not believe the statements from tenants that agree to leave by a certain date or bring their rent current.
Notify tenants that there is certain amount of time for them to pay or leave. When the notice expires, do not hesitate to seek legal proceedings.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records 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.
When trying to choose which method to use, consider the following.
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.
About the Author:
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/
