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Evicting Tenants Due to Breach of Tenancy Agreement

  • By Steven Hayes
  • Published 11/1/2012

A tenancy is a legal agreement between the landlords and the tenants. The agreement is the license which allows the tenant to live on the property of the landlord. Likewise the eviction is also a legal procedure. You are required to seek help from a competent solicitor to take care of this process.

Sometimes the tenants end up breaching the agreement of tenancy. In such case, you have the right to evict the tenant during the fixed period of tenancy. A landlord does not have the right evict a tenant without legal notice and permission. The act of eviction by force is illegal and you may be punished for committing it. According to the section 8 housing act, you need to serve a section 8 notice to quit before you can get a possession order from the Court.

Failure to pay the rent is the most common type of tenancy agreement breaching. However, there are other types of breaching of terms of tenancy. If the tenants end up damaging the property, it will be considered as breach of terms of tenancy. To get a possession order, you are required to specify on which ground you want to evict the tenant.

Like any other eviction procedure, this one also begins with serving a notice to quit. This notice is the indication that you wish to seek possession of the property. In this notice you need to include the ground on which you want to repossess the property. Along with the ground of possession, you are required to mention the date and time by which you want to reclaim the property.

You need to be careful while preparing this notice. The legal terms are complicated and it is too easy to make mistakes. One mistake can delay the entire process of eviction. This is the reason it is advised that you get in touch with competent solicitors who can handle such types of matters.

You can ask the solicitor whether to send the notice by post or do you need to serve it in person. Legally, you can send it either way. However, in case of sending the notice by post it is advised to have witnesses who can testify later in case of any problem. Also, record the delivery date and preserve the receipt of posting the mail.

After you have served the notice, you will have to wait until the mentioned date of eviction to expire. When it does and the tenants refuse to leave, you can apply to the Court for a possession order. The Court will review the documents and will decide whether to grant you the possession order or withhold it for sometimes. The ground of seeking possession plays a big role in this. If the Court grants the order, you can have your property back within months. However, in case the possession order gets suspended, the tenants may continue living on the property for as long as they obey the terms of tenancy.

As the landlord of the property, you have some responsibilities and rights. You are required to be aware of the rights of landlords. For this you can explore different resources and gather as much information as you can.

Author Bio: Steven Hayes is a professional consultant who offers advice on a wide variety of issues. He provides tips on section 8 housing act process in this article.


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