Tenant eviction

[shivvy]

We have a long-term tenant in a property who has stopped paying rent, We have tried to make contact with her by phone, letter etc but she rarely responded and now doesn't respond at all.
We believe that she still uses the property at times but don't know how often.
What are our rights about evicting her if we are not able to contact her? Does her lack of payment of rent (and outstanding debt) allow us to evict her? If so, what exactly can we do ie change the locks, remove her belongings etc. Can we dump her belongings?

All advice gratefully received.

[shivvy]

Just did a quick google and it seems that it is illegal to evict a tenant without a court order. Has anyone done this or have experience of the process?

Thanks.

[themas]

You need to go through the procedure & get a Court order. The Court notice will be served on her at the address you have (i.e. the place she is renting from you). That will be legal even though she will not get it if she has moved out.

If it is an assured shorthold tenancy & she is more than 2 months in arrears with the rent, then you can get a Court order without deifficulty. It normally gives the tenant 28 days to move out. After that time, if she has not moved out you have to go back to Court for "enforcement" - i.e. bailiffs to go & evict her.

You can get more advice from CAB, or possibly by ringing Shelter helpline (although they generally help tenants rather than landlords).

[ukvillafan]

Definitely, as a residential occupier, she cannot be evicted without a court order. Nor do you have an automatic right to enter the tenanted property due to her right of quiet enjoyment.

You can do housing possession applications online now.

https://www.possessionclaim.gov.uk/pcol/