Landlord Law - Unwanted Tenants
- Author Chris Gyles
- Published March 3, 2011
- Word count 491
Landlords can sometimes be faced to deal with tenants that breaches their contracts. If this dispute cannot be resolved the only option may to be to try and get rid of the tenant. The best way to do this is by filling out a Section 8 form. The Section 8 form can be used to end an assured shorthold tenancy before the contract actually ends. Landlords will have to rely on rules set out by the Housing Act 1988 to help support the application for eviction. The amount of notice that is needed to provide the tenants will depend on the main reasons why an eviction is being pursued. The amount of notice needed can vary from few weeks to several months.
If Landlords are seeking an eviction on grounds 2 or 8 of the Housing Act the court will hand possession of the property back to them straight away. Any other grounds the court would assess the situation to decide whether it is fair to hand possession back to the landlord.
After the tenant is given the the section, they will have two weeks to respond. If they do not respond and do not leave the property the landlord would have the right to take further action in court.
The grounds for eviction are as follows;
• Ground 2 - This would happen if the landlord has a mortgage on the property which started before the tenant's tenancy and the mortgage lender wants to repossess the property.
• Ground 8 - This reason sets out that the tenant has failed to pay rent and is in at least 8 weeks' worth of arrears. If a landlord is seeking eviction on this ground it is advisable to include another ground for eviction, for example, if the tenant pays off some of what they owe just before the hearing the landlord would no longer be able to evict them on this ground. Generally landlords who are seeking eviction on this ground would include several grounds to back up their claim.
• Ground 10 - Rent is owed on the property and is still owed when the service goes to hearing
• Ground 11 - The tenant has repeatedly paid their rent late
• Ground 12 - The tenant has breached any section of their tenancy agreement, excluding late payment of rent
• Ground 13 - The property has fallen into disrepair due to the tenant not taking care of it or because they have had someone living in the property who was not supposed to
• Ground 14 - The tenant has been acting as a nuisance neighbour and disturbed the peace in their area or they have used the property for illegal purposes and been charged for their actions
• Ground 14a - One of the tenants has had to leave the property due to threats of violence from the other tenant.
• Ground 15 - Furniture provided in the property has been destroyed by the tenant
• Ground 17 - Landlords that gave the tenant a tenancy agreement based on false information provided by them
I am a legal writer covering advice on topics of law including landlord law, for further text and similar works visit landlord law or contact a solicitor today.
For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.
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