Evicting a 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 for a landlord, as long as the procedure is correctly followed.

There are 2 main ways for landlords to recover possession of their propert:-

1. Section 21 procedure – use it once the fixed term has expired and your main aim is to obtain  possession and not recover any rent arrears that may be owing. If the procedure is followed the Court  must grant possession.

2. 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.

Contact Katie Kearns or Gerard Davis on 02476 553181 for free initial advice.

23rd February 2019

Sarginsons Law