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Eviction guide to the Covid-19 tenant eviction rules for landlords. The eviction ban and eviction moratorium resulted changes to the eviction process
Understanding the eviction rules. Understanding the tenant eviction process.
#Evictions #landlord #tenant #Section21notice #Section8notice #rentarrears #UKpropertyinvestment
Evictions have changed due to the Covid-19 pandemic. The tenant eviction notices have changed. The tenant eviction timescales have changed. The tenant eviction notices expiry dates have changed. So, there have been many changes for landlords, letting agents and property investors generally.
One of the questions I'm commonly asked is can I evict someone right now? Can I evict my tenant right now: November 2020 lockdown 2 in England. The UK government had suspended the legal right of landlords to evict tenants during the COVID-19 pandemic.
The government announced that tenants could stay in their properties until at least the 20th of September 2020. Evictions were halted up until that date through various eviction moratoriums and extensions to the eviction moratoriums.
The eviction ban was lifted so we can now proceed with eviction proceedings, but eviction enforcement this side of Christmas is almost impossible. There is nothing to preclude you from commencing or continuing the eviction process.
It would be prudent to have a good reason for the tenant eviction. A good reason for the eviction could be that the tenant is not paying rent. Whilst this is a legitimate reason for an eviction, we need to be mindful of the Covid-19 season and take the tenants financial circumstances into consideration. I recommend negotiations and perhaps coming up with a payment plan.
A good reason for the tenant eviction could be a tenant's violation of the lease terms. The Tenancy agreement that your tenant signed when they moved into the property is a legally binding document. Breaching the terms of that agreement could warrant eviction.
Another good reason for the eviction could be that the tenant has caused damage to the landlord’s property. The damage referenced here is normally reckless property damage, criminal property damage, intentional property damage. Property damage is a breach of the contractual terms and could be good reason for the eviction.
It is worth noting that, currently the law does not require you to have a reason for the eviction. You are allowed to take your property back just because you want it back.
Having a reason for the eviction will determine the route you take eviction-wise.
For example if your tenant is in rental arrears, you may want to seek possession of the property using a section 8 notice. In using a section eviction notice, you will be required to set out certain grounds for evicting the tenant. This is pursuant to Schedule 2 to the Housing Act. Your tenancy agreement will need to have a provision in this regard. Watch out for a separate recording on tenancy agreements and what must be contain therein.
So, if you are using the rent arrears route, there are three primary grounds that you can rely on a section 8 notice.
The first ground is: Ground 8
This ground requires that, Both at the date of the service of the section 8 notice and at the date of the hearing -
If rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
(b) If rent is payable monthly, at least two months’ rent is unpaid;
(c) If rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) If rent is payable yearly, at least three months’ rent is more than three months in arrears and for the purpose of this ground "rent" means rent lawfully due from the tenant The second ground is: Ground 10
Some rent is lawfully due from the tenant. Ground 11 is applies even when there aren't any rent arrears on the date on the date of the hearing. Just persistent delays in r ent payment
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By CreativeLegalsUnderstanding the eviction rules. Understanding the tenant eviction process.
#Evictions #landlord #tenant #Section21notice #Section8notice #rentarrears #UKpropertyinvestment
Evictions have changed due to the Covid-19 pandemic. The tenant eviction notices have changed. The tenant eviction timescales have changed. The tenant eviction notices expiry dates have changed. So, there have been many changes for landlords, letting agents and property investors generally.
One of the questions I'm commonly asked is can I evict someone right now? Can I evict my tenant right now: November 2020 lockdown 2 in England. The UK government had suspended the legal right of landlords to evict tenants during the COVID-19 pandemic.
The government announced that tenants could stay in their properties until at least the 20th of September 2020. Evictions were halted up until that date through various eviction moratoriums and extensions to the eviction moratoriums.
The eviction ban was lifted so we can now proceed with eviction proceedings, but eviction enforcement this side of Christmas is almost impossible. There is nothing to preclude you from commencing or continuing the eviction process.
It would be prudent to have a good reason for the tenant eviction. A good reason for the eviction could be that the tenant is not paying rent. Whilst this is a legitimate reason for an eviction, we need to be mindful of the Covid-19 season and take the tenants financial circumstances into consideration. I recommend negotiations and perhaps coming up with a payment plan.
A good reason for the tenant eviction could be a tenant's violation of the lease terms. The Tenancy agreement that your tenant signed when they moved into the property is a legally binding document. Breaching the terms of that agreement could warrant eviction.
Another good reason for the eviction could be that the tenant has caused damage to the landlord’s property. The damage referenced here is normally reckless property damage, criminal property damage, intentional property damage. Property damage is a breach of the contractual terms and could be good reason for the eviction.
It is worth noting that, currently the law does not require you to have a reason for the eviction. You are allowed to take your property back just because you want it back.
Having a reason for the eviction will determine the route you take eviction-wise.
For example if your tenant is in rental arrears, you may want to seek possession of the property using a section 8 notice. In using a section eviction notice, you will be required to set out certain grounds for evicting the tenant. This is pursuant to Schedule 2 to the Housing Act. Your tenancy agreement will need to have a provision in this regard. Watch out for a separate recording on tenancy agreements and what must be contain therein.
So, if you are using the rent arrears route, there are three primary grounds that you can rely on a section 8 notice.
The first ground is: Ground 8
This ground requires that, Both at the date of the service of the section 8 notice and at the date of the hearing -
If rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
(b) If rent is payable monthly, at least two months’ rent is unpaid;
(c) If rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) If rent is payable yearly, at least three months’ rent is more than three months in arrears and for the purpose of this ground "rent" means rent lawfully due from the tenant The second ground is: Ground 10
Some rent is lawfully due from the tenant. Ground 11 is applies even when there aren't any rent arrears on the date on the date of the hearing. Just persistent delays in r ent payment