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Evicting tenants: a potential minefield for landlords

For many landlords, there is a common misconception that any tenant can be evicted from your property when they have done something wrong. Whether they have failed to pay rent or not complied with a term within their tenancy agreement, it seems obvious that as a landlord you should be able to simply remove the tenant from the property with little resistance, so you can re-let or re-sell.

However, this is not always the case. It is crucial to understand that evicting a tenant can be a lengthy process with a number of steps to adhere to, potentially providing a nightmare scenario.

What to do if a tenant refuses to leave?

An example scenario could be a tenant that has not paid their rent for two months. However, when you attempt to evict the tenant they claim for compensation for housing disrepair – extinguishing your claim for rent arrears. In this instance, a Judge may be persuaded to not grant you an order for possession.

Another situation could be the tenant’s deposit was not properly protected – invalidating a section 21 notice – and they refuse its return. Regardless of the reasoning, it is essential to firstly receive the correct advice from a property litigation specialist before letting the property. An experienced solicitor will help you to understand the technical documentation and compliance requirements to ensure you are protected. A clear understanding of this can avoid or reduce the risk of you struggling to regain your property if your tenant refuses to evict. Failure to do so could lead to an even greater, and more costly, issue down the line, with court proceedings and further costs if the claim is unsuccessful.

Next steps

Our team of Property Litigation specialist understand the complexity of these issues and the emotions that can run through them; we provide advice, support, and solutions to your tenancy eviction disputes in a professional and approachable manner. For more information or to start the process today, please contact us on 0800 042 0700 or email us on enquiries@lindermyers.co.uk

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