How easy is it for landlords to evict tenants? Whether you’re a commercial or residential landlord, there are reasons why you might need to evict a tenant. Although it may seem cruel to evicted someone from their home, or unjust to force someone out of their business premises, eviction may be the only fair solution for a landlord.
In this article we’re focussing on the landlord, but we do hope the reader doesn’t conclude that there’s more empathy and support towards landlords. At a later date, we will publish an article concerning tenants and their rights when they are served with a notice of eviction.
Private tenants sign a shorthold tenancy agreement before moving into a property, which gives them the right to stay in the property indefinitely, until they are asked to leave. Generally the tenancy agreement will be for 6 months to a year, following by a rolling over contract term, allowing the tenant to stay without revisiting the tenancy agreement.
Of course tenancy agreements vary, but the rules won’t differ much, when it comes to length of time a tenant can occupy the property. Some agreements are for a short term and others for a long term tenancy. If the tenancy is for a short term, then the tenant should plan to vacate the property on the date agreed and stipulated in the contract.
If the tenant remains in the property beyond the allocated time agreed, then an eviction notice could be served immediately. In this case, the landlord is protected by law and is not under obligation to allow the tenant to remain in the property.
Rules change when it comes to commercial tenancies. The Landlord and Tenant Act is the legislation by which private and commercial tenancies are regulated. The landlord needs to give the tenant notice in accordance with the legislation. But unlike residential tenants, commercial tenants have the right to appeal to the courts to remain in the property for a period of time whilst running their business.
A commercial tenant may contest at least parts of the eviction notice, in which case the landlord may find it hard to regain the property, whether it’s commercial or residential. But there’s probably a better chance of regaining the property if it is residential. Although the landlord must bear in mind and check whether the legislation will back up the eviction decision and notice period.
The Landlord and Tenant 1954 Act stipulates how the landlord should end a commercial lease. This is if the lease expiry date approaches. If there’s no expiry date, the tenancy agreement rolls over, but even then, the landlord is able to end the tenancy term. This can only be done with a Section 25 Notice, but there are rules by which the landlord needs to abide.
If you are a landlord and you have any issues that you need to discuss property lawyer, please give us a call for an informal discussion. Evicting a private tenant or commercial tenant can be complex but we will help you understand your rights and will guide you through the eviction process. SG
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