The law is so in favour of the tenant it leaves the landlord powerless. Not all landlords are bad, If the law was reviewed it could prevent innocent people who have let our their properties in good faith from loosing their homes. You should not have to go to such expense to reclaim possession of your own property.
I let out my property in good faith through a lettings agency. After the first month the tenant started to withhold the rent to buy furniture which I had never agreed to and had breeched at least 5 sections of the tenancy agreement. Under the current law my only option was to serve a section 8 notice to quit which took four months just to get to the hearing stage in the county court. During this time my tenant continued to breech the contract including changing the locks and refusing me access.
The case has now gone to trial and the tenant has been awarded legal aid. Under the current law I have to pay for my legal costs. Even when it goes to trail possession of the property is at the judges discretion and how can I prove that the tenant has damaged the property if I can no longer get in?
I have also under the housing act served a section 21 notice to quit as the tenancy agreement has a six month break clause. Considering the tenant has signed a tenancy agreement with a six month break clause this should be a simple case of issuing two months notice. However under the current law if the tenant decides to stay after the two months notice period the only option again is to take them to court which could take another several months to action.
Then once the case gets to court it is dependant on if the notice was served with the correct dates which, if you are unfamiliar with legal terms is extremely easy to get wrong in most cases. If the dates are wrong you will have to serve another two months notice thus repeating the process all over again. Even if the notice is correct you will get a possession order but the tenant then gets a further period of time to leave. If they refuse to leave then only then can you get the bailiffs to evict them at your cost. If you take the law into your own hands you risk a prison sentence.
I understand the law is there to protect the tenant but if the landlord has done everything by the book and the tenant has continued to breech the tenancy agreement, under the current law this is acceptable. Providing they owe you less that two months rent they can continue to stay there in breech of contract doing whatever damage they like to your property whist you wait for a court date. Should the tenant then get tax payers money to fight this? The process needs to be reviewed and made a lot simpler and fairer for both parties as too many bad tenants know their rights abuse the power they are given and set out to deliberately take advantage of the system.