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Problem Tenants

03/02/2009

Problem Tenants

Buy to let investments have become increasingly popular over recent years. However, private landlords can face difficulty removing problem tenants.

The likelihood is that the landlord and tenant of a residential tenancy will have entered into an assured shorthold tenancy. Tenants are protected by the law to give them security against a landlord evicting them at short notice or without notice at all. An assured shorthold tenancy will state the minimum period for which the tenant may remain in occupation, during which time possession can only be obtained in limited circumstances.

In almost all circumstances, a court order is necessary to obtain possession of a property from a tenant who refuses to vacate. If a landlord evicts a residential tenant without such an order, it risks a claim against it for damages and potentially for the tenant to be re-instated into the property.

There are two key court procedures for obtaining possession of residential property from tenants:

  • The standard method, whereby proceedings are commenced at court seeking an order for possession, rent arrears and fixed costs. Prior to issuing proceedings at court, the appropriate notice must be served on the tenant. Once the notice has expired, the landlord is able to issue proceedings. Once the proceedings are issued, a hearing date will be set by the court, at which a Judge will determine the claim. The landlord and tenant should attend the final hearing before the Judge.

  • The accelerated possession procedure. This is a relatively recent development. The distinction with the standard procedure is that the accelerated procedure is restricted to possession and fixed costs only. A landlord cannot recover rent at the same time using the procedure. The advantage of the procedure is that the court will determine the matter without the need for a hearing. A Judge will decide the matter on the paperwork alone, which usually results in an earlier decision. As with the standard procedure, the appropriate notice must be served and expire before issuing the proceedings.

The notices and proceedings are technical and the content must be compliant with the relevant legislation. Even minor defects in the paperwork can prevent the court from making an order.

KBL conduct residential proceedings on behalf of landlords including individuals, companies and charities. If you require assistance obtaining possession of a residential property from a tenant, please contact Paul Hatton on 01204 527777