Know The Process For Rent Arrears & Eviction.

Court procedures could be a necessity for rent arrears & eviction. There are two kinds of procedures that are commonly used.

With the first, the court order is listed on the official procedure with no hearing necessary. The second one is when a court ruling can only happen after the hearing which requires the presence of someone to provide evidence. It is important to note that eviction without a court order is illegal.

Do not rely on promises of payment or estimated leave dates made by tenants. If the promises are not kept, severe financial loss can occur.

Tenants need to be made aware of a time frame for either vacating the property or becoming current on the rent. If neither is done within the allotted time frame, begin the legal process.

The first type of court procedure can only be done under these circumstances: assured shorthold tenancy, a written form of tenancy agreement, a valid form of section 21 notice has been served and the two month notice period in the notice has expired. Keep copies of your information to send to the court.

A renter must owe a sum of two months of rent, evidence of section 8 notice given, the allotted two week period has expired and the use of common possession procedures are needed to evict someone who owes rent.

Think about the following when selecting a proceeding.

If the paperwork is right, a tenant cannot stop you obtaining possession under the shorthold ground. The accelerated procedure will not allow you to claim rent and get a monetary judgement. If a tenant gets the rent caught up, you cannot evict them on the grounds of past due rent.

File a section 21 notice if you want the tenant gone. There is a longer waiting period for this process.

The first proceeding is better if the tenant plans to file a claim for poor property maintenance.

Receiving a monetary judgement is next to impossible after a tenant has vacated the property.

If you're positive that the tenant will still have a job, select a fixed date process. A fixed date process is required if there is quite a bit of time left on the lease and they are not paying their rent.

If you are a tenant living in a rented apartment or house, you will want to make sure that you know all you can about Rent Arrears & Eviction - learn more at http://www.landlordangel.co.uk/