What is not generally recognised is that the landlord cannot cease a tenancy, they can (politely) ask the tenant to leave, by way of a notice, and if that fails the landlord can apply to court to have that converted into a court order.

The procedure for this is:-

– Issue the appropriate notice (request to leave);

– If ignored apply to court to have converted to court order:-

– Immediate or suspended

– If still ignored apply to court for a bailiff’s order.

Generally will have to apply separately to recover any arrears – suggest use Money Claim Online   – www.moneyclaim.gov.uk

Note that the court can issue a suspended or immediate possession order.  If the tenant still fails to vacate a Bailiffs’ Order has to be sought.

However a tenant leaves it is vital to prove they have left voluntarily else there is a danger they can claim they were illegally evicted.  We suggest you use the iHowz Deed of Surrender.

There are two types of notices to be used for an AST:-

– A Section 21, where no reason is required;

– A Section 8 where a reason (a Ground) is required – generally lack of rent, but there are several other grounds as well.

See the NOTICES section.   Alternatively use the iHowz discounted Eviction Service.

Covid Information

Courts have never liked a landlord applying to court for an eviction notice where the landlord has made minimal effort to sort out the problem.

It is now (post March 2019) critical to make efforts to discuss the situation.

Note that many landlords are under the assumption they cannot evict a tenant, during the Covid Pandemic; there is nothing to stop landlords from requesting rents, and to take action if rents are not received.

If a tenant gets into arrears, we recommend:-

– contact them to inform them the rent is overdue

– if they respond, and can prove their arrears are due to Coronavirus you will need to discuss:-

– a rent holiday, or

– reduce the rent for an agreed period of time, or

– if appropriate waive the rent for an agreed period of time

– if they don’t respond, or are unable to prove the arrears are due to Coronavirus:-

– send them our pro-forma first arrears letter

– if they still don’t respond, send our second arrears letter

– if they still don’t respond:-

– as soon as they meet the criteria, serve a Section 8, grounds 8; 10 and 11

separately pursue the rent arrears:-

– if there is a Guarantor advise them of the arrears, and that they might also be liable for a claim

– Apply for a Money Claim Online (ensure you make a note of the allocated number, you will need it later):-

www.gov.uk/make-money-claim

the procedure can be seen at
www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

if you receive a court order, and the tenant still does not pay:-

– either enforce the order through money claim online, or

download and fill in either:

– form N323 - to apply at a county court (you must be owed £5,000 or less)

– form N293A - to apply at the High Court (you must be owed at least £600)

Consider an attachment of earnings order (form N337).

Consider a Money Claim against the Guarantor, ensure the arrears letters are sent out

At the end of the notice period, apply to court.

Note:-

For any cases commenced prior to August 3rd 2020 a re-activation notice will need to be served before the proceeding can be re-started.

Note that this must be done before January 29th @ 4:00 pm, else the case will have to be restarted.

Temporary notice periods under the pandemic