Isn’t it great when a lease runs smoothly? But sometimes it is not always so. You’ve taken every step to find the right tenant, and as far as you’re concerned, the rent is paid on time and the property appears to be well-cared for, but that’s not always all.
In these cases, some tenants are not always so considerate of their surroundings and neighbors and become a nuisance. If it’s a long term problem and your tenancy isn’t going to end naturally anytime soon, under the short term lease there’s probably a clause saying they caused a nuisance and you can evict them since they’ll be in default (meaning they you have not behaved in accordance with the lease and have broken at least one of the rules or your obligations under this lease).
As with all disputes of any nature, it’s best to see if there is an amicable way to resolve the issues. Remember that there are always two sides to any story, so you will need to establish the fact of whether the disturbance is with just one neighbor or with everyone, and whether it is solely the action of your tenant. It is always a good idea, when you are looking to resolve disputes through negotiation and discuss the problem, to do so in the company of an independent third party. This independent third party should not be one of your family or friends, but rather someone who is completely independent of the entire situation. For example, if the problem is related to noise, has the Council been informed about the problem? Have the Council visit the tenant and other neighbors and establish their own evidence. Knowing this information can provide you with support and evidence for your procedures when completing the eviction notices. You may be able to use these council representatives to help you mediate and negotiate the issue.
Assuming this is not resolved and you have the evidence and are sure that your tenant is in breach of the lease, you will have reasonable grounds to base your eviction on. You can’t just decide you want them gone and kick them out of the house. You must serve the correct notices and paperwork and file an application with the court for an eviction order before you can repossess the property. However, when talking to the tenants, explain the problems and request that their attitude be improved. You can stress to them that they are in breach of the lease, which means they are at risk of being evicted. It may also be worth getting into the conversation that if they are evicted, because they have become homeless, they may not be entitled to be relocated by the council.
You may find the time and costs to obtain an eviction court order too high and lengthy, and if the lease must end naturally in a short period of time, you may decide it is best to repossess the property that way. You will need to be aware of the times and notices you must deliver to do this as well. Normally, a landlord must give two months’ notice, before the end of the tenancy is reached, to regain possession of the property. You do not have to give a reason for wanting the property back when you are simply repossessing at the end of the lease, but you must give written notice or a letter using the correct terminology that you want the property back.
With this two-month notice period in mind and the time it takes to go to court and get an eviction order, many landlords can wait and repossess in the easiest and most cost-effective way, but each case must be evaluated on its own. . merits