General advice required re evicting tenant

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  • General advice required re evicting tenant

    Hi there,
    This is my first post on the forum so apologies if I'm treading previously worn ground....
    I currently let my flat through a well known agent. The tenant has always had probs paying rent on time but has now stopped payments altogether. Last payment being in December, so she owes the agency £900 (of which about 820 is owed to me).
    The agency hav served Section 21 so she should be evicted in March. However, what is procedure to get rent arrears off the tenant? Do I need to go through the agency? I'm just not sure how to start the process or indeed if its worth chasing up, if it's going to cost me lots on money is CCJ's?
    Any general advice / experience would be greatly received - I'm new to this and not had to deal with this type of situation before.
    Thanks in advance.

  • #2
    So, no rent was paid in January and very soon, I imagine February's payment will also fail to be made. When this happens, your tenant will be overdue by two months and thus a section 8 notice can be issued as well. With this, court action can be commenced two weeks after the notice is served. A court appearance will be needed and, provided the arrears have not been reduced to below the two month level before the hearing, the grant of the possession order is mandatory. The judge will also give an order for the payment of rent owed.
    Your agents have probably gone down the section 21 route as the grant of the necesary order is mandatory and the process, as a court appearance is not required, is a little more certain, but two months notice is now required before court action to gain the possession order can be started and no judgement for money owed can be obtained. To do this a separate action using MCOL (money claim on line) should be considered. However if a tenant isn't paying their rent it is because they haven't got any money thus once such a judgement is obtined enforcing it could well be very costly and difficult.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


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