Rent Arreas and Possession Proceedings

Article by
Kevin Timms

Claiming Possession from Unpaid Rent Arrears

If you are evicting a tenant based upon unpaid rent arrears (2 months/8 weeks), the court will require a statement showing such rent arrears before proceedings are issued and before the court hearing takes place. You must note that in many cases the tenant will not pay the due rent arrears once vacating the property. There are a number of reasons why this may be but generally, if the tenant cannot afford to pay you in the first instance, they will be unwilling and unable to pay once you have possession. However, it is a formal requirement that a statement of account is provided to the court.

How to Obtain Order for Possession - Assured Shorthold Tenancies

Article by
Kevin Timms

The majority of private landlords are leasing their properties to tenants for a fixed period of time under an Assured Shorthold Tenancy. An Assured Shorthold Tenancy allows landlords the right of possession after the fixed term has expired unless there is a reasonable ground to gain possession of the property during the fixed term. The contrast to this being an Assured Tenancy where the landlord does not have an automatic right to possession of the property when the tenancy comes to an end.

As many landlords will know, it is particularly difficult to obtain possession of their property by evicting such tenants when a problem arises, such as unpaid rent or the tenancy coming to an end and the tenant being uncooperative. In the situation where a landlord knows that rent will not be paid, there is an urgency to obtain a possession order so that the landlord may once again return to profit.