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