17 April 2018
It is every landlord’s worst nightmare – you have let out a property and everything was going fine, but suddenly without notice the rent payments have stopped.
Your calls to your tenant are not returned and you have had no response from your letters, while at the same time the money to pay the mortgage has dried-up – what do you do?
There are legal steps you can follow to get the tenant out of the property.
However, it is vital that you obtain proper legal advice as if the correct procedure is not followed to the letter, the Court may well adjourn the case, causing delay and even result in your claim being struck out, meaning you have to start the process all over again.
The first step is issue a ‘formal notice that must be correctly drafted and properly served. You cannot just take back possession without following the legal process otherwise you could find yourself in trouble with the law.
If the tenant refuses to leave the property once the notice expires then you will need to apply to the Court to obtain a Possession Order.
Unfortunately court cases are not always quick, due to the workload of all courts, so the sooner you issue a notice and deal with matters the better. If the tenant does not leave the property once a possession order is made, then the Court can instruct a bailiff to carry out the eviction.
At Phillips, Solicitor Hayley Eachus has expert knowledge to assist both landlords and tenants on a comprehensive range of issues.
Please call us or email and we’ll get back to you as soon as possible.
- 01256 460830
- [email protected]
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