By Craig Smith
There are so many scare stories around about Landlords who have lost out due to tenants not fulfilling their obligations. Some of the biggest problems can be rent arrears or not looking after the property as they should do. Trying to evict a problem tenant can be a long and expensive process for a Landlord and even though a notice might have been issued to a tenant it doesn’t necessarily mean that they will leave when they are supposed to!
First Step
The first part of telling a tenant to leave is to issue the correct notice to them. The type of tenancy agreement that is in place dictates the specific type of notice that needs to be given. If the wrong notice is used and the matter goes to court, it will be thrown out and the whole process needs to start again.
The type of notice can also vary depending on why the Landlord wants possession back. Some are known as mandatory possession notices where the Landlord doesn’t need to give any particular reason why they need to take back their property and probably make up the majority of notices issued. Others can be non-mandatory and, if taken to court, a judge will make the final decision as to whether or not possession will be granted to the Landlord. (The judge will also decide on when and not just if!)
Just as importantly, the notice needs to give the right length of time for the tenant to vacate. For example, one of the most commonly used notices is a Section 21 which needs to give no less than 2 months. It can be given for a longer period but any shorter and the notice wouldn’t be valid. In the past, some Landlords have been upset about the length of notice that has to be issued as they might need their home back quickly. It is our job to advise them what has to be done and the consequences of not doing it right!
Council Advice
In most instances a tenant will understand that they need to leave and will do so within the set timescale. Arrangements will be made with the Landlord or agent to hand the keys back and the Landlord gets their property back as they are supposed to. It is when other parties get involved that the situation can become very complicated and more drawn out.
From experience, if a tenant is moving into a council property then the council will tell the tenant to stay in the property until the very last possible minute. This basically means that it could go through court and organising a date for bailiffs to visit before the council will move a tenant into another home. This is good for the council as it means they don’t have to shell out as much money putting someone into a new home but it can end up costing the Landlord more time & money.
Landlord Selling
We have had a few instances in the past where a Landlord has advertised their rental property for sale once the tenant has been given notice. This, in itself, isn’t a big issue but things can go wrong if a Landlord lets a tenant stay on until the property is sold. Continuing the tenancy on an ad hoc basis may give the tenant longer to find somewhere to live and the Landlord continues to receive the rent whilst the tenant is still there. The issue here is if a buyer is found, the sale completes quickly and the tenant still hasn’t found anywhere to move to. The Landlord could lose out on their sale and have to re-advertise and start the whole process again!
Luckily, we’ve never had such a scenario go wrong but it is always our job to advise our Landlords when such situations arise, even if it isn’t what the Landlord wants to hear. It may seem silly to recommend having the property empty for a short while but it is the most sensible option.
Best Options
All of this might seem quite scary if you’ve never done anything like this before but it really isn’t that bad. Part of letting a property is knowing what to do or if your not sure, always get the best advice from someone who does!
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