Court evictions against residential tenants have increased by an estimated 17% on last year. More and more landlords have been affected by tenants who have fallen into severe financial difficulties. The current economic climate does not appear to be improving any time soon and experts predict that evictions will continue to increase.
Landlords affected by tenants who have fallen into arrears should take proactive steps as soon as possible. Whilst landlords cannot serve a mandatory possession notice under ground 8 of the Housing Act until the tenant has missed two rent payments (if rent is paid monthly) or eight payments (if the tenant pays weekly), landlords should act promptly as soon as one rental payment has been missed or is late.
It sounds simple, but landlords should contact tenants to discuss the missed rent. The tenant may be able to make up the missed payment by paying instalments over the next few weeks. Undoubtedly any tenant in financial difficulties will be facing increasing demands for payment. Landlords can and should work with tenants to ensure that they are not out of pocket.
At present landlords with tenants who qualify for housing benefits may be able to get the benefit payments paid directly to them to stop arrears accruing any further.
If a tenant has fallen into arrears of rent of two months/eight weeks, the landlord should immediately serve a notice under section 8 of the Housing act relying on grounds 8, 10 and 11 as grounds for possession.
The preparation and service of the notice will be the key to the eviction process if that becomes necessary. It is imperative that the notice is properly prepared.
Landlords without experience of serving notices should obtain legal advice on the content of their notices.
By residential landlords solicitor, Louise Hebborn
Stephensons’ residential landlord solicitors offer fixed fees for preparation and service of notices and for eviction proceedings. Evicting residential tenants