It is a scary concept that your landlord can just decide he no longer wants you in the property. However, a legal pathway must be followed as the landlord has to legally evict you from the premises. This of course is to provide protection for tenants.
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Receiving a notice or being told you are going to be evicted is one of the ‘worst-case’ scenarios that tenants fear. This could be due to rent arrears, damage to the property or simply the landlord wanting the property back.
Although eviction for rent arrears is not uncommon, it is not a forgone conclusion that you will be evicted if you cannot make your payments. Rent arrears usually build up after a change in financial circumstances, whether that be due to a job loss or even a relationship breakdown.
With rent arrears, the main advice is to not bury your head in the sand. Usually, rent arrears can be resolved and the best approach is to be open and honest with your landlord.
If you have fallen more than 2 months behind on your rent, then you risk being evicted. Your landlord could seek a Court order evicting you from the property (Possession Order) or take you to Court for the outstanding money; or even both. Many landlords are open to negotiation to create an affordable repayment solution.
However, your landlord is under no obligation to provide a solution so again, be open and honest with our landlord. You should check whether your tenancy agreement permits your landlord to charge you interest for late payment as this could further increase the debt owed.
A landlord may use rent arrears as an excuse to force through an eviction, even if you come to an agreement to repay the outstanding money. At this point, you should seek more tailored legal advice. Courts will only evict you if it is reasonable to do so.
It may be that the landlord would just like to be back in control of his property. There are still laws and regulations that must be followed. In order for the landlord to regain possession, he must serve a Notice providing (in most circumstances) at least 2 months’ notice.
At the end of the 2 months’ you are expected to leave the property. Should you not, the landlord can commence Court proceedings to evict you.
If your landlord serves a Notice giving 2 months to vacate, and you owe outstanding rent, the landlord can recover this through the Court.
Professional Tenant Services
My name is Carol O’ Leary. I am a lawyer who specialises in dealing with evictions.
We aim to provide our clients with an outstanding legal service. We will help and support you and most importantly we work hard for you.
Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.