Belvoir Lettings Camden answers some regular landlord questions.
1) My tenants haven’t paid rent – can I evict them?
Yes, but you can’t start proceedings until they are at least 2 months in arrears if rent is paid monthly. Only a Court can grant possession and you will need to serve the appropriate notice detailing the precise wording of the grounds upon which you wish to rely. Once you have been granted a possession order, you will then need to apply for an eviction date. We strongly recommend you seek legal advice as it is prudent to seek more than one of the grounds for possession detailed in 1988 Housing Act.
2) I think my tenant has moved out and left the property – can I change the locks?
No – under no circumstances should you change the locks as this is effectively eviction. You need to apply to the Court for a possession order, however there is another method, that can be risky. There are no finite rules for Abandonment Procedure; evidence in the form of tenant's belongings or absence of the same, the tenant's conversations with neighbours, or other regular callers to the property must all contribute to give the landlord reasonable cause to believe that the tenant has ceased to reside there. Belief must be both genuine and reasonable before the landlord takes back the property. Unless the evidence of abandonment is definite, any landlord recovering possession takes a risk. Proceedings for unlawful eviction could be brought by the displaced tenant unless the landlord can be certain that the tenant has ceased to reside in the premises. Where there is reasonable doubt the safest solution is to terminate the tenancy by some other method and commence possession proceedings. We are happy to assist with Abandonment Procedure should you require further information.
For more information contact Belvoir Lettings Camden on 02071 997733
No comments:
Post a Comment