Discover Rent Arrears & Eviction Procedures
December 8, 2009 by Harry Carr
Filed under Real Estate
Court proceedings may be necessary for those who are Rent arrears & eviction problems. There are two types of these proceedings that are common.
With the first, the court edict is mentioned on the official paperwork without the need for a hearing. The second one requires a hearing before a decision can be made. The presence of yourself or a representative is necessary to provide proof. Without a court order, a person cannot be evicted.
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.
Let tenants, who are behind, know that there is a time limit on getting caught up or leaving the premises. Upon expiration of the time limit, start the legal paperwork as soon as possible.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records to the court.
An eviction based on rental arrears requires: a tenant to owe two months worth of rent, proof of section 8 notice served, the time limit of two weeks have expired and use the general possession proceedings.
When trying to choose which method to use, consider the following.
A renter cannot impede you from filing a possession order using the shorthold basis. Collecting money or receiving a settlement cannot be done with the faster proceeding. Eviction can also not happen on these grounds if the renter is able to bring the rent current.
If you simply want them to move, a section 21 notice and a longer waiting period will be required.
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 sure that the tenant will stay employed, you can choose the fixed date procedure. A fixed date procedure will have to be used if rent is not being paid and there are several months left on the lease.
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/
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