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Need to know: Difficult tenants

In the second of our 'need to know' disputes posts we look at ways to tackle difficult tenants.

Whilst most properties are let to tenants without any difficulty, it is inevitable that sometimes problems do arise, for example, if the tenant fails to pay their rent or breaches other terms of the Tenancy Agreement.

Depending on the circumstances, there are two different ways of using Court proceedings to obtain an Order for possession of your property.

You should note that, if a tenant does not leave the property voluntarily, then it is necessary to obtain an Order for Possession through the Court.

Where property is let on an Assured Shorthold Tenancy, provided certain criteria are met, it is usually possible to use accelerated possession proceedings in order to obtain an Order for possession.

It is not possible to include any other claim, for example, a money claim for rent arrears, using the accelerated procedure and therefore if appropriate, a money claim for arrears of rent would need to be brought in addition.

The accelerated procedure has the advantage of being quicker and more cost effective as generally the Court will consider the matter on the papers alone without the need for a Court Hearing and provided the matter is straightforward, would generally make an Order for possession on the basis of the papers.

Where a tenant has arrears of rent and you wish to take steps to remove them from the property, it is possible to use the standard proceedings for possession although in these circumstances, the Court will hold a hearing and the procedure take slightly longer.

If you find yourself in the position of needing to take steps to remove a difficult tenant then it is important to take early advice and Wards have experts across our offices to assist.

To find out more about ending a tenancy you can talk to our Landlord & Tenant Disputes expert, Emma Kerry.

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