Birmingham tenant eviction

As a landlord, you may find yourself needing to evict tenants. It’s important to get legal counsel to ensure you’re compliant. We understand how challenging and stressful those situations can be.

Our tenancy specialists possess the expertise and experience to ease your worries and ensure a desirable outcome. If you require tailored and amicable guidance, contact us today to converse with our adept legal team. Our straightforward and reliable legal solutions comply with the relevant regulations.

Our comprehensive services can assist you throughout the entire eviction process, including preparation of relevant documentation and filing of your notice. Our dedicated experts will ensure compliance with all relevant steps and offer guidance on any issues you may encounter. Utilizing our services can reduce the possibility of disputes.

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Evicting tenants in Birmingham, we can help you.

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 Birmingham 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?

If a tenant doesn’t pay rent, landlords might initiate eviction proceedings under Section 21 of the law. Typically, it’s done after unsuccessful rent requests.

Landlords lease properties to turn a profit. Non-payment of rent and squatting can cause significant inconvenience, so renters may be challenged in court to regain possession of the property lawfully.

Various factors, including unexpected life events, unforeseen expenses, or job loss, can hinder tenants’ ability to pay their rent. As a result, tenants may be unable to fulfil their rental obligations and find themselves subject to 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

Landlords have an option when dealing with private renters who have fallen short of keeping their end of the agreement. Should any tenant use the premises for unlawful activities, such as drug dealing or prostitution, the landlord may seek legal termination of the lease agreement.

Safeguarding a tenant’s safety and well-being is within the landlord’s remit of responsibility. In case of rent arrears, or violations of the lease agreement, the landlord can serve a legally grounded written eviction notice. Complying with eviction laws is of utmost importance for both parties.In the event of a tenant failing to comply with the notice, it is the landlord’s responsibility to initiate a formal eviction process.

This process typically entails the filing of a legal complaint against the tenant and attending court. As per legal requirements, the landlord must ensure that all legal documents are correctly served to the tenant.

Additionally, a landlord may choose to enlist the help of an attorney or other legal professional. Once the process has been completed, the tenant will be required to leave the rental property.

It is important to remember that the eviction process should be handled with patience and respect, as this can help to maintain a positive relationship between the landlord and tenant.

Criminal damage to your 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

It’s important for landlords to consider certain key factors when entering into tenancy agreements. Both assured shorthold and normal tenancy agreements should contain specific provisions, guided by the Housing Act, to protect a landlord’s property. These provisions may include clauses limiting pets and flatmates or addressing future rent arrears or property damages.

It’s also essential that landlords remain informed and prepared about their legal rights when dealing with tenants. If eviction becomes necessary, it’s vital to establish a clear timeline that includes the required notice period and any legal steps that must be taken. Careful planning and attention to detail can help avoid unnecessary complications down the line.

Before finalising the agreement, it’s best to discuss all the terms with the tenant to ensure everyone is on the same page. This can involve reviewing details like the lease terms, additional charges or fees, and expectations for cleaning and upkeep.

Legally evicting your tenants

In a moment of poor judgement, it may be tempting to use illegal methods to remove a tenant from your rental property. However, it is imperative to follow the appropriate legal procedures, despite the time-consuming and tedious nature of it. Failure to do so puts you at risk of criminal charges, losing your claim to possession, and being liable for your tenant’s legal fees, all of which must be avoided.

There are several illegal ways to evict a tenant, such as changing locks, denying property access, using intimidation, removing possessions, or using physical force to evict them.

 

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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Steps to take when evicting 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.

Starting possession proceedings

Recovering leased residential premises from tenants can be a complex legal journey for property owners. Get it wrong and expect dire consequences, like harassment charges or unlawful eviction lawsuits. Possession proceedings are notoriously intricate, so it’s crucial to seek insights from legal experts. Instituting legal action through proper channels shields both the property and landlord.

Stay proactive and take the right steps the right way. Serve the required notice and set tenancy end dates accurately; this increases the likelihood of a successful claim.

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.

As part of our review process, we will examine the tenancy agreement, confirm deposited amounts, and verify the tenancy deposit scheme responsible for safeguarding them. Our team will also analyse outstanding rent payments and advise on the most suitable approach, depending on the chosen possession proceedings. Lastly, upon our evaluation, we will prepare and serve the appropriate notice – Section 21 or Section 8.

There are two types of possession proceedings

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

Once the possession order has been made

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 Birmingham 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.