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subject: What You Must Know about Rent Arrears and Evictions [print this page]


You will have to monitor whether the tenants are paying their rent on time or not. When the tenant miss to pay the rent for one month immediately contact your tenant and ask him about the reason of not paying the rent. You can always express the urgency of the situation and tell the tenant to pay your rent on time. You should keep this in writing. You can always help your tenant in getting the housing benefits that in turn will benefit you, as you will get the rent. Under section 21 and section 8, you will have to send necessary notice without any delay. There are mainly two types of proceedings of court, you may commonly use when the tenants are unable to pay the rent. You can use accelerated possession procedure. In this, you will have to make the order on paper and there will be no hearing. If you file a case under the rent arrear ground that is commonly known as ground 8. In this proceeding, the court will only give any order after the hearing. In the hearing, you will have to be present along with the agent. Sometimes the tenants may promise you to pay the rent on a particular date or may assure you that they will leave the house on a definite date. Never rely on your tenant unless and until you are 100% sure. This may lead you towards heavy financial loss. You can send the tenants notice under section 21 and section 8. You can consider them as precautionary measure. After expiry of the said notice, you can take legal actions against your tenant. You can use the accelerated possession procedure if: The tenancy is AST which means Assured short hold tenancy There should always be a tenant Agreement Form in writing The two months notice period is expired The tenant should be given a valid notice of section 21 After completing the above, you are now eligible to send the accelerated possession procedure. If you become successful in this, you will get: The tenant may pay fixed cost by an order You may take possession by an order This is mainly helpful and profitable as it solves the problem quickly, there is no legal cost and there will be no hearing. This procedure is only possible if the rent is due for more than two months and the rent is $300 per month or above. The possession order can give an order for possession. You may get the money judgment, an order to get the occupational rent commonly termed as mesne profit. This may also happen that the court will give your the order to pay you all the legal expenses incurred by you.

What You Must Know about Rent Arrears and Evictions

By: Adam Labno




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