My tenants are in arrears when can I evict them?

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When can I evict the tenant when they fall into arrears?

There are two grounds for possession of property based on ‘rent’ [1].

  • The first ground is discretionary and involves the Tenant missing a payment on the date on which proceedings for possession are begun.
  • The second is also discretionary with possession of property being handed over if the Tenant persistently misses their rent payments (regardless of whether in arrears when proceedings begin).

house1How much do the arrears have to be to take possession?

If rent is payable weekly or fortnightly and at least 8 weeks rent is unpaid by the Tenant, then the Landlord can issue a possession order under the third and final mandatory ground s8. Furthermore, if a Tenant pays their rent monthly and falls behind by two months, as well as if they pay their rent quarterly or yearly and fall behind by three months, then a possession order can also be claimed under mandatory grounds.

Garner & HancockHow can the Tenant avoid possession proceedings?

It is important to note that Judges are not very receptive to the idea evicting Tenants. In this way if a Tenant makes a rent payment so as to fall below the 8 week minimum then they can postpone action for as long as it deems fit.

 

Garner & Hancock Landlord legal team can help you maximise your chances of getting possession.

Speak to the team for some initial free legal advice.

0208 232 9560 (press 5) and speak to Daniel Flynn


[1] Housing Act 1988
Article written by Mark Birch of Garner & Hancock LLP