Long before any eviction, the landlord naturally has to keep track of his tenants’ rent payments. The first instance of arrears should then be duly noted. When arrears are left to accrue, there comes a time when eviction is the only suitable way to resolve the issue. However, eviction has to be done lawfully and in a proper manner. A bungled eviction process may lead the landlord into a lot of trouble and the subsequent financial losses are just not worth it.

The moment a tenant fails to pay rent, the landlord should get in touch with them and have a discussion to determine the cause of the delay in rent payment. Money problems aside, the delay could be as a result of a bank error and this can be resolved swiftly.

If the delay in rent payment is a result of financial problems, the sooner the landlord knows about it the better. This way, the landlord can have a way of getting around the issue, especially if it concerns a tenant with whom they share a good relationship. If the delay is due to personal complications e.g. job loss, the landlord can offer a provisional rent reduction until the tenant stabilises himself. Otherwise, the landlord may have to serve a section 21 notice as a precaution.

Once an agreement has been made with the tenant, a letter should be drafted so that everybody is fully aware of the situation and it is documented. On the other hand, if no agreement can be made with the tenant and rent arrears grow, court proceedings may have to be undertaken to begin the eviction process.

In the United Kingdom, court proceedings are categorized into two types, Accelerated Possession Procedure and rent arrears grounds.

Accelerated Possession Procedure

The accelerated possession procedure is only used when the tenant falls under assured short hold tenancy, (section 21, Housing Act 1988) and has a written contract. The acceleration possession procedure is whereby the court order is made out on paper but no hearing is scheduled. The tenant is served with a valid section 21 notice, after the period of notice that it allows has expired, the tenant must vacate or further legal action will follow.

Rent Arrears Grounds

Secondly, the landlord can go to court on the rent arrears grounds (ground 8). Here, a court order will only be granted after a hearing in court where the landlord or his representative will have to be present to give evidence. For example a rent book may be presented or the landlord may have to give his testimony that rent has not been paid.

It is important to note that eviction of tenants without court action is a criminal offence. It does not matter if the tenant repeatedly falls behind with the rent; any eviction has to be carried out lawfully.

For defaulters with more than two months’ rent arrears, they can be served with a section 8 notice. After two weeks, court proceedings will commence. Evidence has to be provided for the tenant’s arrears but if it is shown he is at fault, he will be ordered to vacate the premises.