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The steps to evicting an assured tenant Fri, 18 Jul 2014 14:31

The team at Dream House Buyer receives many enquiries from those looking to sell a flat with sitting tenants who have been an inconvenience in one way or another - such as by incurring significant rental arrears. However, a tenant can be successfully evicted as long as the correct procedures are followed in accordance with the specific type of tenancy involved.

 

Although the majority of private tenants are assured shorthold tenants, your tenants are likely to be assured tenants if they moved in prior to 1997 and you did not give them a notice stating that they were an assured shorthold tenant. The tenant is also probably an assured tenant if you informed them that they were such in writing prior to the tenancy commencing, or if the tenant was an assured tenancy with you immediately prior to their existing tenancy beginning.

 

You will need to familiarise yourself with the rights of your assured tenant prior to starting the eviction process. Eviction will only be possible if you can prove a reason, or 'ground', to the court. Should a 'mandatory ground' be proven, you can expect a possession order to be made. However, if you use a 'discretionary ground', a possession order will only be made if it is reasonable to do so.

 

You will need to give your tenant a written notice that complies with specific legal requirements. It is required to be in a special form, for example, and will need to state the ground on which you are seeking possession, as well as the earliest date that court action can start. As well as being for a certain length of time, which will normally be either 14 days or two months depending on exactly why you are evicting the tenant, the notice will need to let the tenant know that once that time ends, you will be able to apply for a possession order through the court.

 

Are your tenants too difficult to evict, or would you simply like to move on from a nightmare situation? If so, get in touch with Dream House Buyer to sell your flat with sitting tenants to us. 



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