Frequently Asked Questsions
What notices are served upon my tenant? (Step 1)
We can serve different types of notices on your tenant, the most common are:
- Section 8 Notice - a notice that tells the tenant he/she has 14 days to pay his rent or claim under grounds for nuisance, noise or breach of tenancy.
- Section 21 Notice - this is a two-month notice that tells the tenant you are ending his/her agreement.
How long does it take to get the tenant into court? (Step 2)
Normally it will take 6-10 weeks to get the court order, however this can vary from court to court.
What happens once I get a court order?
The tenant should leave by the date set by the court (normally 14 days) if not we need to go to step 3 and apply for the bailiff.
How long does it take to get a bailiff? (Step 3)
Normally it will take 4-6 weeks to get the bailiff to the property; you can only use the court bailiff.
I have let tenants move into a house without a written tenancy? do I need to issue a written tenancy?
A written tenancy agreement is not essential for an assured short hold tenancy created after 28 February 1997. Where you do not use a written agreement, the tenant will have a fixed term for the first six months during which you will not be able to ask him to leave unless he breaches the terms of the tenancy. However, if the agreement is not in writing, proving what the terms are between the parties maybe difficult. You should always use a written tenancy agreement.
My tenant seems to have moved out but has left his property in the house, What should I do?
You should not assume that the tenant as left the property. The law is quite liberal in its interpretation of whether people have or have not moved out where property is left at a property. To be safe, if you have any doubt that the tenant has not moved out you should obtain a court order before entering the property and taking possession. There is a risk the tenant may claim against you (alleged) missing items which were (alleged) removed by you and that the items were the same value of the crown jewels.
Can I enter the property to inspect the condition of the property?
This will depend on the terms of the tenancy agreement. Most written tenancy agreements allow the landlord to inspect on giving reasonable notice. Reasonable notice is usually no less than 24 hours and often requires the landlord to give the tenant notice in writing. What would not be acceptable is simply turning up and letting yourself in as this could be a breach of the tenant’s rights of quiet enjoyment.