In the current economic climate, many landlords are finding that tenants are struggling to pay rent, and are turning to eviction to remove them from the premises – often without being aware of the legal consequences.

Now Robert Richards, solicitor in Napthens’ litigation department, has revealed he has seen a number of landlords who have attempted to evict tenants in such a situation, but have not followed the correct procedures.

He warns that a landlord should also consider if it may be best to have a tenant who is paying late rather than no tenant at all, and that that the law surrounding eviction is complex, so such a move should not be undertaken lightly.

He said: “It is an unfortunate fact of life that, with many people struggling to meet living costs and businesses in a number of sectors laying off staff, there will be tenants unable to meet rent payments.

“Landlords may be tempted at this point to take direct action by seizing possession of the premises themselves. This is a course of action that is fraught with legal pitfalls and should only be undertaken when the landlord is absolutely certain of his legal position.

“Landlords have the safer option of securing possession by Court proceedings, and in fact I have dealt with a number of cases where this has occurred. However, it is important to remember that the property market at the moment is not buoyant, and a landlord may struggle to rent the property again.

“Also, with the economic climate the way it is, there is no guarantee that a new tenant will not present the same problem.

“Evicting tenants can be a complex procedure and in such a climate may be the wrong thing to do. I would suggest landlords in this situation should seek legal advice.”