Evicting Tenants: Rules You Must Follow

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After all the trouble that you went through to find a tenant, there will eventually come a time when you may want them to vacate your property. Whatever the reason, due to the sensitivity of the situation, you may want to go about it specifically, “by the book” as they say, or else risk being guilty of illegal eviction of your tenants. Keeping the rules in mind will not only protect you from any future lawsuit but also your tenants. Here are some rules to follow:

The Kinds Of Rental Agreement:

Periodic Assured Shorthold Tenancies

If the tenancy has no fixed end and operates on a weekly or monthly system, then it is a periodic tenancy. According to the Government of UK, you must:

1. Submit to them a ‘Notice to Quit’ that specifies a date.
2. If by the deadline, your tenants have failed to vacate, send them a ‘Notice of Intention to Seek Possession’. This implies that legal proceedings may follow.
3. Once you have accomplished the first two steps, you can approach the court for an order of possession which gives you legal permission to evict your tenants and gain repossession.
4. Finally, if this still doesn’t convince the tenants, you must apply for a warrant for eviction and have your tenants forcefully evicted from the property with the help of bailiffs.

Fixed-term Assured Shorthold Tenancies

In this type of tenancy, your tenants have a fixed duration stay. If they fail to vacate even after receiving the notice at the end of the pre-decided stay duration, follow the abovementioned steps from Step 2.

Excluded Tenancies

If your tenants live with you in the same property, you may not need to go to the court. Here is what you need to do:

1. Provide them with a ‘Reasonable Notice’ to quit. This generally means that you need to submit this notice a week prior. It could be verbal as well.
2. After that, if they refuse to leave, the law dictates that you have the capacity to change the locks on their rooms, after their belongings are provided to them.

Rules For Assured And Regulated Tenancies

In case you have let a private flat for rent prior to February 27, 1997, a different set of regulations may be applied that may lean in favor of your tenants.

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