Evicting problem tenants and gaining possession

Obviously when it comes to problem tenants, the old adage, 'prevention is better than cure' is very apt. You should always credit check tenants, ensure they are who they say they are and preferably seel references personally from a previous landlord if appropriate and an employer's reference. If the tenant is a student then always ensure there is a guarantor and that he or she is also checked out.

And it's always advisable to take out Landlord Rent Guarantee & Legal Expenses Insurance, particularly if you are letting without an agent. Finally you should always serve a tenant with a Section 21 notice at the outset of the tenancy.

However, even with all these checks, unfortunately sometimes bad tenants slip through the net or indeed sometimes good tenants can turn bad due to relationship breakdown or perhaps loss of employment etc. So, here are outlined certain procedures and advice for evicting problem tenants.

The eviction and repossession process

It may be tempting to do things like changing the locks while the tenant is out, or cutting off utilities etc, but unfortunately this is regarded as a criminal offence of harassment and you yourself could well end up in court. The following procedure is relevant to England and Wales, the law in Scotland is slightly different. It also assumes that there is a valid Assured Shorthold Tenancy Agreement in force.

There are two routes to repossession:
1) The Accelerated Possession Procedure, and
2) Rent Arrears Ground for repossession.

Accelerated Possession
In order to use this, various criteria must be satisfied. There must be an Assured Shorthold Tenancy in written form is in place, a valid Section 21 Notice has been issued and the two months notice period has expired. This is a quicker method and it is not necessary to attend court so long as all the paperwork is in order.

Rent Arrears Ground
This is the best method to use where there are at least two months' rent arrears and the total arrears are more than £600.00. You will need to serve a 'Section 8' notice before proceedings and the notice period of two weeks has expired.

Which Repossession method should I use?

Obviously it's up to you and it depends on your priorities.

As long as you do not expect to receive any arrears of rent and the paperwork is in order then the Accelerated Possession procedure is best. If you do wish to get any arreas owing to you then the Rent Arrears Ground is preferable. However, be advised that tenants often can dispute arrears of rent claiming that the properety is in serious disrepair and that you have failed to correct it.

Ultimately I would say that if you have a problem tenant it is best to concentrate on simply getting rid of them rather than getting any arreas of rent they owe. In order for any repossession order to be made, a Section 21 Notice must have been served and the relevant 2 months' notice expired.

In both cases, a court order will usually persuade most tenants to vacate the property. If they do not then you must apply to the court for bailiff action.

Using professionals to gain repossession

You can of course do all the above yourself. However, this is certainly an area where professional help and support is really useful. Unless you already have some form of Legal Expenses Insurance, you can find a solicitor that specialises in landlord and tenant law by simply going on the Law Society's website and doing a search. It will give you a range of specialist solicitors as close as possible to your postcode. Always try to get an estimate of their costs in advance.

There are also specialists like Landlordaction who will deal with the whole process for you.