The relationship between landlord and tenant is not merely a contractual one it is also a human one. The first step in the tenant eviction procedure is that the landlord takes time to get to know his tenants and their problems in the hope of negotiating a solution. The landlord should find out why the tenant has failed to pay the rent. For example, the tenant may have financial difficulties, suffered redundancy, or a marriage break-up. In these cases it may be possible to secure Housing Benefit payments from the local authority to help pay the rent. It may be possible to agree a re-payment plan. A plan of action should include timescales for current rental payments and back payments of arrears. This may include accepting smaller rent payments with increasingly additional amounts to pay off the arrears over a period of time, or agreeing for the tenant to pay a lump sum at some future date to make up the arrears. Be realistic when drawing up any such repayment plan.
Most tenants, when reminded about a missed payment, will respond quickly and remedy the situation. With others, it may be possible to negotiate an acceptable compromise. However, there are some tenants who are simply unwilling or unable to continue to make rent payments.
It can take a considerable amount of time to regain possession through the courts - often three to six months. It is imperative therefore, that if you decide to pursue an action for possession of the property, you act quickly. Under the Housing Act 1988, there are two routes a landlord can follow to evict a tenant. The accelerated possession route is the most popular.
When your tenant is nearing the end of his or her tenancy term landlords should obtain an accelerated possession order. An accelerated possession order is made by a district judge based on the possession claim and associated evidence; there is no hearing. An accelerated possession order is for repossession of property only and cannot include a claim for the rent arrears. Landlords will need to bring a separate action to recover any arrears once you obtain possession, utilising the Small Claims Procedure.
In terms of procedure, a valid form of s21 notice must be served on the tenant, and the notice period of two months specified in this notice must expire. You can then fill out the special accelerated possession procedure form, sending copies of all relevant documentation to the court.
If successful you will get an accelerated possession order and an order that your tenant pays part of your legal costs. Although in practice recovery of these legal costs from the tenant is difficult if the deposit has been used to cover unpaid rent.
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