Rented property focus - October 2011

Landlords who want to evict a tenant from their rented property can easily and unwittingly fall foul of the law if they do not have the right advice. In this month’s column, Stephanie Robinson highlights the key points of possession proceedings...

I am having trouble with my tenant and I have decided the best course of action will be to seek possession of the property. What do I need to do first?

In the past, it was often thought that landlords had the upper hand when renting out a residential property. Today, the position is largely reversed, as the balance of power has shifted to the tenant.
  
A landlord must obtain a court order before he can enforce any right of possession over a property and clients contact me frequently to find out how they should set about doing this.
  
There are two routes to removing a tenant on an assured shorthold tenancy and each comprises the same three steps – a notice to the tenant, court proceedings and instructing the bailiff.
  
The first route can be used when a landlord wishes to gain possession before the agreement’s fixed term has ended and is generally employed when the tenant has breached the conditions of his tenancy. To begin, he must serve notice of his intention to seek possession, detailing the grounds on which his application is based.
  
The law provides 17 grounds for seeking possession, including rent arrears and breach of the tenancy agreement, which bring with them different notice periods. The appropriate grounds must be set out in a prescribed form of notice and only when the notice period has expired can the process begin in earnest.
  
When possession proceedings are issued, a court hearing will be listed so that the claim can be heard before a judge. If it is successful, an order will be granted, usually instructing the tenant to vacate the property in 14 days and pay any rent arrears and fixed legal costs.
  
The second route to removing a troublesome tenant follows the landlord’s automatic right to possession at the end of a tenancy’s fixed term.
  
Again, a notice in a prescribed form must be served on the tenant, giving at least two months’ warning that possession is required. In these circumstances, the landlord does not need to state reasons for ending the agreement.
  
If the tenant chooses to ignore the possession notice and an application to court becomes necessary, the process is paper based and is generally quicker and simpler than the first route. If successful, a possession order and costs will be granted, however, the landlord cannot ask for a money judgement as part of this procedure. Separate action can be taken afterwards to reclaim any outstanding rent.
  
No matter which route is taken, when a possession order is granted the tenant must leave on or before the date specified by the court. If the tenant fails to vacate the property, a bailiff will be instructed to visit the address and obtain possession.
  
It is possible for a landlord to commit a criminal offence if the rules for seeking possession of a residential rented property are not followed. The statutory regulations are detailed and complicated and it is very easy for a landlord acting without legal advice to make a mistake.
  
Taylor&Emmet’s property litigation team specialises in obtaining possession for landlords and recovering rent arrears in England and Wales. We have just launched a new online service, called T&E Landlord, to help landlords instruct a solicitor to deal with an eviction, without the expensive fees.
  
We have broken down the possession process into three stages – serving notices, issuing proceedings and instructing the bailiff. Fixed fees are applied for each step and can be paid online. Landlords simply provide us with the necessary documents and background information and we do the rest.
  
We believe T&E Landlord is a unique service and is ideal for landlords wanting specialist assistance at fixed prices. If you are having difficulty with a tenant, please visit the T&E Landlord website, www.landlorddisputes.co.uk, for more information. Once we have been instructed, you will receive quick and efficient progression of your matter with no delays, just immediate and speedy action.