It is important to show sensitivity and follow the correct process if such a situation arises. These situations could include:
- You wish to sell the Property;
- You want to move back into the Property;
- The fixed term of the tenancy has ended and the incumbent tenant is not willing/able to commit for the length of the new contract at an agreed rate;
- Tenants have rent arrears or have consistently failed to make payments of rent on time; or
- They have breached their agreement in some way
How Can I Take Possession of My Property?
Following the lifting of the Government ban on eviction notices, landlords can consider taking possession of their property. However, we suggest you give your tenant as much notice as possible so as to help them resettle and find alternative accommodation. It is also important to follow all steps of the correct legal process, which include:
- Ask Your Tenant to Leave
You can ask your tenant to leave the property and see if they agree without further action.
- Serve an Eviction Notice
If your tenant does not agree to leave, you can serve a formal notice or a notice under your tenancy
- Start Possession Proceedings
You can start possession proceedings if your tenant still does not leave after the notice period.
If your tenant does not agree to move out, you must follow the correct process to evict your tenant.
If you wish to evict your tenant for any of the above reasons, or any other reason, you must serve a Section 8 or Section 21 Notice on your tenant.
The correct Notice to serve depends on your particular situation, and there are certain things you must comply with to be able to rely on these notices. For example, ensuring the tenants deposit is protected before serving a Section 21 Notice.
After the Notice has expired, you would have to seek a Court Order telling your tenant to leave the property. You may then need an eviction from the Court bailiffs, where they will attend the property on a certain date to remove the tenant from your property.
All of the above must be done correctly, otherwise it could end up costing you a lot of money and undue distress to both parties.
Before starting the process and serving a Notice, it is best to seek legal advice for guidance on the correct procedure you should follow
