Emyr Pierce

The tenants in a property I own have not paid the rent for three months and are refusing to leave. Can I legally change the locks on the house when they are out?

The tenants probably occupy the property on the terms of an Assured Shorthold Tenancy. There are anti-eviction laws in existence to prevent landlords from excluding tenants from residential property without having first followed the repossession procedure specified by the Housing Acts.

If your tenants are three months in arrears you are entitled to immediately apply to the Court for an Order for Possession, although the likelihood is that by the time the statutory procedure and timescales are followed the six months terms of the tenancy may well be close to expiring in any event.

However, the court proceedings will also entitle you to obtain a money judgement against the tenant for the arrears, in addition to an Order for Possession of the property. Failure to follow this specified procedure will render you in serious breach of the Anti-Eviction Laws.

You should immediately consult a solicitor who will prepare the appropriate notices of Intention to Issue Possession Proceedings. Until these notices are served on the tenant the strict statutory timescales will not begin.

I own a flat which I have been renting out for the last few years. My current tenant is behind three months on her rent and refusing to leave, despite her tenancy having run out. How do I get her out?

Despite the fact that your tenant may have continued to occupy beyond the date of a fixed term tenancy, usually six months, you still have to follow the appropriate procedure and cannot simply evict her, or change the locks as this would be a breach of the Anti-Eviction Laws.

If your tenant is at least two months (if payable monthly) and eight weeks (if payable weekly or fortnightly) in arrears with her rent then the mandatory ground for possession on the grounds of arrears of rent will be available to you and the Court must make an Order

You are strongly advised to seek the advice of a solicitor to ensure the appropriate timescales are strictly adhered to. Failure to follow these will result in your having to begin the process all over again, causing further delays.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk