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Case Study: Tenant Eviction

Around 2 months ago we were contacted by a distressed landlord who had a problem tenant who refused to pay rent. Today we assisted the landlord in Court to seek Possession for a room in a HMO under Section 8 Protocol. We’re pleased to say that possession was granted by the Judge!

Here’s a few tips for any landlord in the same position.

When you are seeking possession of your property back you must make sure that your paperwork is all there! If for any reason a judge cannot see an audit trail, then the hearing may get adjourned or thrown out! Back to square one, more time and money lost! As Benjamin Franklin once said, “by failing to prepare, you are preparing to fail”. Always be prepared!

You need to make sure that your Tenancy Agreement, Notice of Possession to the Tenant, Certificate of Service, Current Rent Account and the Grounds for seeking possession are all filed with your Possession Order.

Also under a Section 8 you are attending a hearing with the tenant and the Judge presiding! With a section 8 notice, you are filing a claim that the tenant has breached your agreement, so for this reason there is a hearing. That’s why we would recommend serving a Section 21 notice as it is all paper based but you will not be able to claim rent arrears from your tenant, just possession of the property back. Under the Section 8 you can claim for rent arrears and all costs.

If you need any advice with Possession of a Property please speak to us on 01332 202029 or click the Tenant Evictions link.