Eviction - the ultimate "get out" clause

Landlord Law – Eviction

It is an unfortunate fact that most landlords will have to consider the laws regarding eviction at some point. The eviction of a tenant may become necessary due to a variety of reasons, however before beginning the process it is always recommended to consult with a solicitor specialising in landlord law and eviction matters that will be able to provide the appropriate advice regarding the issue. Although the eviction of tenants is not usually necessary or desirable for landlords who wish continue making an income from renting property, an incident or dispute with a tenant who refuses to exit the property could leave the landlord with no other option but to begin the eviction process.

Depending on the type of tenancy agreement, the eviction of a tenant may depend on several different factors. In the majority of cases the housing agreement between the tenant and the landlord is known as an assured shorthold tenancy. Under this type of agreement, a landlord has several options available if the eviction of a tenant becomes necessary.

In order to legal evict a tenant in order to repossess a property, the matter will usually be brought before a court so that proper grounds for eviction can be established. These grounds are divided into two separate categories.

Mandatory Grounds for Eviction are circumstances in which the tenant will almost always automatically face eviction from the property in accordance with landlord laws and regulations. Some examples include:

• The property will be repossessed for failing to make mortgage repayments
• If the property was used as the landlords main place of residence before the tenancy began, they are legally allowed to repossess it if they wish to do so again
• The property is primarily used as a holiday let for at least 12 months prior to the rental agreement and has been occupied for less than 8 months by the tenant
• The property is rented out by an educational institution for a period on a yearly basis
• the property is required as accommodation for a religious cleric and is being passed from one to another
• the tenant has failed to pay at least 2 months of rent which is currently owed to the landlord

In any of the following circumstances are proven, the tenant will automatically face eviction and the court will issue an order for repossession. Most other circumstances are categorised as discretionary grounds for eviction.

Discretionary Grounds for Eviction are circumstances in which the court will carefully consider the situation of the tenant and landlord and attempt to decide whether the eviction and subsequent repossession of the property will be necessary, common examples of discretionary grounds for eviction are as follows:

• The tenant is consistently unreliable and late with rent payments
• Any part of the tenancy agreement has been broken by the tenant
• Criminal or illegal activity takes place at the property
• The property is poorly treated or damaged by the tenant
• The tenant frequently bothers other local residence (noise complaints etc)

If you are a landlord considering evicting a tenant, it is recommended to carefully consider all grounds for the repossession of a property before proceeding as well as the relevant laws and regulations, as it can often be a lengthy and difficult process.