Court proceedings may be necessary for those who are Rent arrears & eviction problems. There are two types of these proceedings that are common.

With the first, the court order is listed on the official procedure with no hearing necessary. The second one is when a court ruling can only happen after the hearing which requires the presence of someone to provide evidence. It is important to note that eviction without a court order is illegal.

You may suffer heavy losses if you depend on the promises that tenants make to get caught up on rent or to vacate the premises by a certain date.

Notify tenants that there is certain amount of time for them to pay or leave. When the notice expires, do not hesitate to seek legal proceedings.

The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records to the court.

An eviction based on rental arrears requires: a tenant to owe two months worth of rent, proof of section 8 notice served, the time limit of two weeks have expired and use the general possession proceedings.

Think about the following when selecting a proceeding.

If the paperwork is right, a tenant cannot stop you obtaining possession under the shorthold ground. The accelerated procedure will not allow you to claim rent and get a monetary judgement. If a tenant gets the rent caught up, you cannot evict them on the grounds of past due rent.

File a section 21 notice if you want the tenant gone. There is a longer waiting period for this process.

The fast track procedure is recommended if the tenant plans on using the defense of poor property management.

Receiving a monetary judgement is next to impossible after a tenant has vacated the property.

If you’re sure that the tenant will stay employed, you can choose the fixed date procedure. A fixed date procedure will have to be used if rent is not being paid and there are several months left on the lease.

If you are a tenant living in a rented apartment or house, you will want to make sure that you know all you can about Rent Arrears & Eviction – learn more at http://www.landlordangel.co.uk/