Want to get rid of a tenant....?

Getting rid of a tenant, when that tenant doesn't want to go, is never easy. It’s not usually necessary either, as the vast majority of tenancies don’t end up at the stage where the landlord ‘wants rid’ of the tenant. Occasionally, maybe in about 1% of cases, the landlord does need to end the tenancy. I had a particular case of this when I met a landlord whom I'd not worked with before. He owned 2 one-bed flats in the Harrowdene area of Teddington and he came to me for advise on how to evict a couple from one of the flats. It wasn't simple, but there were a few points which were worth noting:

1.       Any tenancy is always best ended amicably, because it’s quicker and cheaper. If you can persuade your tenant to leave within a reasonable period of time, that’s always going to be your best option. I've done a few viewings around Teddington recently with prospective tenants who told me that their current landlord had asked them to leave, for a variety of reasons. The tenants were happy as they had been communicated with openly and had been given plenty of notice to look for somewhere new. As such, even if you are having problems with your tenant, maintaining good communication is always beneficial.

2.       If things can’t be done amicably, you’ll need to apply to court for possession of the property. Certain notices have to be issued to the tenant beforehand and a landlord needs to make sure that all dates and tenancy paperwork are 100% correct or the court won’t hear the case. Note that if the tenancy deposit hasn't been registered in accordance with the rules, the landlord will not be able to make a successful claim for possession.

3.       The length of time it takes the court to award possession can vary massively. We had one case recently where the landlord applied at the start of a month and had possession at the end. Equally there have also been periods in recent years where the court has been 3 weeks behind with just opening mail, and as such possession has taken 3 months.

4.       If your tenant is in receipt of benefits, you’ll get no assistance from the Local Authority at this stage, although of course they’ll make noises about working with landlords at the same time. The Local Authority is responsible for re-homing anybody made homeless as the result of eviction, but they won’t do this until the landlord has been all the way through the court process, right up to the point of a bailiff visiting. As such getting rid of a Local Authority tenant can take time.

So what does it cost? Well if you go all the way through the process, you’re looking at about £400.00 in court costs, plus what ever legal fees you incur.  If you've purchased good quality landlords insurance (such as the one we sell!), you should get reimbursed for the lot. Alternatively you may need the services of a solicitor, although a competent lettings agent should be able to assist at reduced cost. Either way, evicting a tenant isn't a cheap option.

The main message, which won't surprise you, is that if you do manage your own tenancy, avoid an eviction situation wherever possible!

Rebecca Smith