Tenant Eviction…Know What to Choose

As a landlord you can seek possession of your house if your tenant is persistently late with the rent, has broken the terms of the contract or your property is under the treat of repossession and you need to sell your house fast etc.

In my last posting I discussed about two court proceedings to remove your tenants - Accelerated possession procedure and Rent arrears ground. Both methods have their pros and cons. Here are some points to consider when making the choice:

  • If all your paperwork is complete, to the point and correct, you can pursue accelerated possession procedure quite easily. With all the paperwork handy, nothing can stop you from obtaining possession order. And it’s comparatively fast too.
  • If getting rid of your tenants matters more to you than the due payments, then it’s wise to go for the accelerated possession procedure and serve a section 21 notice. You do have to wait longer but in the end rest assured that you would get the possession order from the court.
  • Accelerated Possession Procedure is also better if there are chances that your tenant might retaliate by saying that the property is in bad condition and requires urgent repair work and instead claim for compensation.
  • However if you wish to seek all the rent from the tenant then the accelerated method is not preferable. You may get the possession order but you can not claim any rent. Therefore in that case, rent arrears ground procedure is better.
  • Rent Arrears Ground procedure is ideal choice in case you are not receiving rent and the tenancy period still has long time to end.
  • You serve section 8 notice to your tenant under rent arrears process. But if your tenant manages to pay rent arrears before the hearing date, then you cannot obtain the possession order. You do get the payments but it’s irritating especially if you want to evict the tenant.

Which method you choose in order to evict tenants depends upon you and the circumstances. But if you don’t wish to go through all the hassles associated with these court proceedings, then you can directly approach cash property buyers which help in dealing with landlord tenant issues much faster. You can get rid of your tenants and sell your house to these property buying companies and get paid in cash.

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