Tenant Eviction Bath

As a landlord, you might need to evict tenants for various reasons, but it’s vital to seek legal counsel to ensure you’re compliant. We acknowledge how challenging and stressful these situations can be.

Our tenancy specialists possess the expertise and experience to alleviate your distress and ensure you achieve the desired outcome. If you need tailored and amicable guidance, reach out to us today and converse with our adept legal team. We’ll provide a reliable and straightforward legal solution that complies with the relevant regulations.

Our services can help you with the entire eviction process, including preparing the relevant documentation and filing your notice. We’ll also ensure that all  relevant steps are followed and provide guidance on any issues that you may encounter.

Using our dedicated team of experts can help reduce the risk of disputes

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Is it possible to evict a tenant in Bath?

There is a clear procedure that every landlord is required to follow in order to legally evict a tenant. If this is not adhered to you could find yourself unable to regain possession of your property and could even face prosecution yourself.

The quickest and most cost-effective way of evicting Bath tenants is generally by using what is known as an “accelerated procedure”, or “accelerated possession order”.

Once the two months’ notice period following the service of Section 21 has passed, the landlord needs to make an application to the court for a possession order. Without a court hearing, the judge can grant this order based on the available paperwork.

We appreciate that evicting a tenant can be a difficult task. Our team of expert Tenant Eviction Solicitors possesses the skills and knowledge necessary to guarantee a successful conclusion. Our solicitors offer guidance and advice to expedite the process and simplify it for our clients.

Mandatory grounds where the court must grant possession.

Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home.

Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.

Ground 3: The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.

Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.

Ground 5: The property is that of a minister of religion.

Ground 6: The property requires redevelopment.

Ground 7: The tenant has died.

Ground 8: The tenant is in rental arrears.

For more information about our services, or to find out exactly where you stand and the range of options available call us today on freephone 0333 880 0074

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

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Liam M

Private Landlord (Leeds)

Evicting tenants is not easy, i spent more money getting it wrong then the cost of using Tenant Evictions services, you get what you pay for. My case was complex bud i ended up getting my cherished property back within 2 months.

Ashley Y

Private Landlord (Manchester)

Tenant Eviction took care of the entire eviction process for me, they attended court on my behalf and kept me up to date with the case from start to finish. Well worth the saving in time and stress. Thank you

client 4

Wayne B

Private Landlord (London)

client 4 client 4 client 4 client 4 client 4

I had a tenant that didn’t pay the rent for 9 months, i had tried a number of options myself to try and evict them to save money but they only backfired. I found tenant eviction via a friends recommendation and they got to work swiftly and within 7 weeks i had access to my property. Nightmare over.

Discretionary grounds where the court may grant possession.

Ground 9: Suitable alternative accommodation is available for the tenant upon possession.

Ground 10: The tenant is in arrears of rent.

Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.

Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.

Ground 13: Due to the tenant’s conduct, the property has deteriorated.

Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted in engaging in illegal or using the property for immoral purposes.

Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.

Ground 16: The tenant occupies the property due to his former employment by the landlord.

Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

What are the situations in which landlords can evict tenants?

In case of a tenant’s failure to remit rent, landlords may assert eviction charges pursuant to Section 21 of the Act. This course of action is generally pursued when prior rent applications have gone unanswered.

The leasing business is a source of revenue for landlords, and rental default coupled with trespasser-like possession can prove particularly problematic. Consequently, tenants may be legally contested in court in order to regain rightful possession of the premise.

There are oftentimes multiple factors that can impede tenants’ capacity to meet rental commitments, such as unforeseeable life events, sudden expenses, or loss of employment. These hindrances may lead to arrears on rental payments and may warrant eviction.

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

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Illegal activities undertaken on the premises

Landlords have an alternative in case private renters break the law. If a tenant uses the premises for unlawful activities such as drug dealing or prostitution, the landlord can attempt to terminate the lease agreement.

It is imperative to adhere to the law whilst undertaking this process. Additionally, landlords must ensure the safety and wellbeing of their tenants. Eviction notices may be issued in writing, citing rent arrears or lease breaches as legal grounds for eviction.

If the tenant fails to comply with the notice, then the landlord must initiate a formal eviction process. This includes going to court and filing a legal complaint against the tenant. The landlord must also ensure that all legal documents are properly served to the tenant.

Damage to your rental property

The tenant assumes full responsibility for any damage they cause to the rental property. It is of utmost importance that such damages are reported in a timely manner, allowing for swift assessment and repair by the landlord or a professional contractor.

In the event of non-payment of rent, the landlord reserves the right to begin eviction proceedings in accordance with applicable laws. Tenants should be aware that eviction is a legal process and should be done in accordance with the laws of their state. Non-compliance with state or local laws can result in severe penalties. It is important to exhaust all other options before pursuing eviction, such as reaching out to the tenant and providing them with due notice of their obligations.

In some cases, landlords can even pursue monetary damages for lost rent or property damage. If all else fails and eviction is the only remaining option

 

Breaches of the tenancy agreement

As a landlord, it is crucial to take into account certain key factors when entering into tenancy agreements. Whether an assured shorthold or a normal tenancy is involved, incorporating specific provisions in writing is essential to safeguarding yourself and your property, and abide by the provisions of the Housing Act. Such provisions may include clauses that limit pets and flatmates, as well as clauses dealing with rent arrears or property damages.

It is important for landlords to be well-prepared and to have a thorough understanding of their legal rights when dealing with tenants. When an eviction is necessary, establishing a clear timeline that features the required notice period and any necessary legal procedures is essential.

Taking the time to handle the situation carefully and comprehensively can help avoid unnecessary complications in the future. It is essential to discuss the terms of the agreement with new tenants and to ensure that everyone is on the same page before proceeding. This includes going over details such as the terms of the lease, any extra fees or charges, and expectations for things like cleaning and upkeep.

Why you should legally evict your tenant

Resorting to illegal methods to remove a tenant from your rental property may seem tempting during a lapse of judgement. Nevertheless, it is imperative to follow the proper legal procedures, despite the time-consuming and tedious nature. Not adhering to these procedures poses the risk of criminal charges, losing your possession claim, and being liable for your tenant’s legal fees. Such situations are best avoided where possible.

Illegal ways to evict tenants are by locking them out, denying them access to parts of the property or the property as a whole, intimidating, removing their possessions or using force to evict them. Ensure that such measures are never resorted to.

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

Instant Claim Calculator

Steps you must take when evicting your tenants

Under the Housing Act, strict procedures must be followed when serving notice to tenants, as incorrect proceedings could result in wrongful eviction from a property. Section 21 details these procedures, including the serving of a possession order, which costs £325 in court.

In case of rent arrears, tenants are granted a two-week window to settle their outstanding amounts. If payment is not received during the given period, eviction notices may be served. Other breaches of the lease also necessitate notification and our expertise covers all aspects of legal notice administration, assuring compliance with applicable laws.

We offer professional legal advice to landlords, ensuring comprehensive protection throughout the eviction process. Our guidelines assist landlords in avoiding any legal exposure from their actions and omissions. We are available to assist with evictions resulting from illicit activities, including obtaining a court-ordered possession of the property for smooth execution of the eviction process.

Contact us today on the Freephone number 0333 880 0074 for more information concerning our services and how we can support you.

Instructing possession proceedings 

Landlords of residential properties may need to recover their premises from tenants for various reasons. However, it’s crucial to bear in mind that this process is highly regulated. Mishandling it could result in serious consequences such as harassment charges or even unlawful eviction lawsuits.

Possession proceedings are known to involve complex legal issues, making it wise to seek the guidance of seasoned legal professionals. Protect your property and yourself by taking legal action through the appropriate channels.

Serve the correct Notice and determine the end date of the tenancy with precision in order to increase the likelihood that your claim will be accepted.

To ensure the correct course of action, we highly recommend scheduling an initial consultation, or submitting your case for review at a fixed rate. This pre-emptive measure can save considerable time and money in the long run.

During our review, we will assess the tenancy agreement, confirm any deposits taken, and verify the tenancy deposit scheme holding them. Our team will also evaluate the tenant’s rent arrears and advise on the most appropriate approach depending on the selected method of possession proceedings. Finally, we will prepare and deliver the appropriate notice – whether Section 21 or Section 8 – based on our assessment.

There are two types of possession proceedings

• Accelerated Possession – Section 21
• Standard Procedure – Section 8

Once the possession order has been filed

Once granted via a Section 21 or Section 8 Notice, an Order necessitates that tenants vacate rental properties by a specified date. If not, it calls for swift action: applying to the court for a Warrant of Possession and having a Court Bailiff enforce it. Unfortunately, this process can take weeks, proving quite frustrating for landlords.

When judgement is passed on tenants for rent arrears, enforcing it before they vacate is crucial. This is because recuperating payments afterwards poses a challenge due to lack of forwarding addresses. This calls for landlords to obtain extensive tenant information, including full name, date of birth, previous addresses, a relative’s address and workplace, to ensure successful enforcement.

Such information is instrumental in finding tenants and retrieving arrears.

Our eviction solicitors in Bath also take cases throughout the UK.

When it comes to requesting a tenant to vacate a property, eviction is often considered a last resort. Generally, landlords and tenants can swiftly and effectively deal with this type of situation without external assistance.

However, there are circumstances where evicting a tenant can prove challenging, and an expert’s guidance may be necessary to facilitate the process. We acknowledge the distinctiveness of each case and recognise that a universal solution is not suitable.

Our in-house legal team is committed to treating every case on an individual basis and helping you regain control. We will advise you on the optimal course of action, ensuring that your case conforms to existing legislation and regulations.

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

Instant Claim Calculator

We are National Tenant Eviction experts.

We cover thee whole of the UK, contact us via email, telephone or live chat.