5 Steps for the letting agents to evict the tenant
Evicting your tenants is a harsh process. However, you cannot keep the tenants forever with yourself if they are not paying the rent regularly. Even though if you have good relations with your existing tenants you cannot keep them stay without paying. It is also against the responsibility of the letting agent . The top letting agent has set up a specific procedure which they follow for the eviction of the tenants. No one is immune to get a bad tenant who needs to be evicted forcefully out of the premises. Therefore, the landlords who have hired letting agents leave the eviction on them. Now, there are specific steps which the agents have to follow to complete the procedure lawfully.
Familiarity with the tenancy laws
Being an agent, you must collect the rent from the tenants but in case if the tenant is not responding, then you need to follow the rules and regulations enumerated by the lawful authorities. There are different laws related to the tenancy in different regions. Therefore, when you are formulating the tenancy agreement, you should go through the whole procedure of eviction. Make distinct eviction clauses and introduce them clearly to both parties that in a default situation they have to follow the instructions. You do not need to take the issue in your hands, directly seek the assistance of law to evict them.
A valid cause of eviction
When you are taking the assistance of the law to eliminate your tenant from the property, then you should have proper and legitimate reasons to do so. The time of the court should not be wasted by the improper proceedings. The court can hold you responsible for malicious prosecutions. Thus, you need to have valid reasons for the process of eviction of the tenants from the property of the landlord. There are many reasons which are adequate to expel the tenants out of the property. For example, if the tenant is not paying the rent, violating the tenancy agreement, violating any other rule of noise, health or occupancy ordinance, causing any severe damage to the property etc. then, the letting agent can file a complaint against the tenant for the eviction from the premises.
Mitigations
The letting agent can also try to mitigate with the tenants. If the agent or the landlord do not want to spend their time and energy on the lengthy court proceedings, then you can have a small sitting with the tenant. Ask them about the reasons for the failure of the payment of the dues. Try to make a compromise between both parties. The tenant will feel comfortable by having a general sitting with the agent and then they can communicate every issue with him. It is a natural and quick way to make adjustments to your tenant.
Notice from the court
If the tenant is still not responding to you, then you can send the legal notice of eviction from the court. The tenant cannot avoid such legal notice. However, if he does so then, he will have to leave the property by default as the court will decide the case in favour of the tenant as the ex-parte proceeding’s demand. The notice should contain the clause of final deadline date to pay the dues to the landlord. By this date, they have to pay the rental dues. The final legal notice of court should also be posted on the door of the property so that the tenant must know the notice.
Final decision
It is the final step in the eviction of a tenant from the property of the landlord. The letting agent has to file the complaint first of all. Make sure to pay the court fees. The court authorities will then take proper action on your claim. The court will summon both parties. You have to attend the court hearing with appropriate preparation to lead the case. The court will then hear both parties and issue an order for the tenant to leave the premises as soon as possible and will redeem all the remaining accounts from the tenants. These are the simple steps that the letting agent have to follow to get the tenants out of the property of the landlord in a default situation.