When tenancies end not all tenants leave without a fight. KERRY ANN EUSTICE talks to some landlords about the problems of eviction.

Last year, the Department for Constitutional Affairs had 135,000 applications for possession actions to evict tenants from the private and public sectors.

According to a study by Sheffield Hallam University, 68 per cent of these cases are due to rent arrears.

This amounts to a significant number of out-of- pocket landlords.

The current eviction process has been criticised by landlords for having too much red tape.

The process:

  • Firstly, landlords must serve notice and include the reason why they want to end the tenancy, for example, wanting to sell, the end of a tenancy or unpaid rent.
  • If a tenant does not leave, a landlord must then apply for possession through the courts.
  • If the landlord has followed the correct legal proceedings and has reasonable grounds, the court will issue an order giving a tenant usually between 14 and 28 days to leave.
  • If a tenant does not leave, a landlord can ask for a warrant and balliffs will then evict them.

Mrs M is one landlord who became so frustrated with this process she took matters into her own hands.

She said: "It's not the right way to do it but I just had to gain access and get rid of them. It was scary because I didn't know what I was going in to.

"The tenants were not paying rent and were trashing the place. There were mice in there and it really was appalling."

When Mrs M did regain her property it had to be redecorated.

She added: "It's so important to vet tenants. It put me right off."

Mrs M is no longer a landlord.

Sarge Ahmad, senior consultant for Regency Law - a legal advisory and eviction service for landlords and agents - understands Mrs M's frustration.

However, he cannot stress enough the need for a possession order to evict. If landlords evict without this documentation they could face civil or court proceedings, resulting in costly damages.

Mr Ahmad added: "Landlords must abide by the law. I know this can be hard as the eviction procedure is stressful and long-winded.

"The process can take up to six months and this is just not acceptable when a landlord is still paying a mortgage and legal fees and a tenant is not paying rent.

"We've had clients who have been owed £8,000 to £10,000."

Mr Ahmad said: "A few cases stand out. It's always when a landlord drops their guard and perhaps rents to a friend of a friend.

"Recently we had an elderly lady who thought she would be renting short term. But they would not leave, complained to the council about the conditions, didn't pay rent and are still there. This case ran up £26,000 in legal fees."

Another case Mr Ahmad has dealt with involved a violent tenant who openly damaged a property.

They knew the law and exploited this. It was found the tenant had been evicted three times previously, leaving a trail of damages and unpaid rent.

He added: "Landlords and agents should not just judge from the look of a tenant.

"Always follow the vetting procedure, check county court judgements and contact the previous landlord.

"A Tenant Verify check costs around £20. It could save thousands."