Oldham tenant eviction solicitors

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.

<p>Oldham tenant evictions</p>

Is it possible to evict a tenant in Oldham?

It is imperative for every landlord to comply with legal procedures when evicting a tenant, to avoid risking prosecution or loss of property ownership. Utilizing an “accelerated procedure” or “accelerated possession order” is often the most cost-effective and timely approach to evicting tenants in Oldham.

After serving Section 21 and notice period of two months, the landlord ought to apply for a possession order in court. The judge may grant this order based on the available paperwork without a court hearing.

We appreciate that evicting a tenant can be a difficult task. Our team of expert Eviction Solicitors possesses the skills and knowledge necessary to guarantee a successful conclusion.

Our solicitors provide comprehensive support and guidance to expedite the legal process and simplify it for our clients. We make sure to assist you every step of the way, including offering helpful advice tailored to your unique situation. Rest assured, you’re in good hands with us.

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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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.

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.

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

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.

Criminal damage to your property

A landlord can use a 14-day notice to quit for property damage. This notice gives the tenant 14 days to fix the damage or move out of the rental property.

The tenant is ultimately liable for any damage they cause to the rental property. It is important that any damage be reported promptly so that the landlord or a professional contractor can promptly assess and repair the damage. In some instances, the tenant may need to communicate with the agency responsible for the tenancy, who will then contact the landlord.

The tenant needs to report the damage they have caused and communicate with the landlord about how best to repair the problem. It may be that the damage requires fixing immediately, or it may be that damage is discovered at the end of a tenancy and the landlord and tenant will discuss how to handle this. Deposits can be deducted from to cover damage.

Breaches of the tenancy agreement

As a landlord, it’s crucial to consider some key factors while entering into tenancy agreements. Irrespective of whether it’s an assured shorthold or a normal tenancy, incorporating certain provisions in writing is essential to safeguard yourself and your property. These provisions, guided by the Housing Act, may comprise limitations on pets and flatmates, besides clauses dealing with rent arrears or property damages.

As a landlord, it is crucial to be well-prepared and familiar with your legal rights when dealing with tenants. If an eviction is necessary, it’s essential to establish a clear timeline that includes the required notice period and any legal steps that need to be taken.

Taking the time to handle the situation carefully and comprehensively can help avoid unnecessary complications down the line to discuss the terms of the agreement with your new tenant, and ensure that everyone is on the same page before moving forward. This can include going over details like the terms of the lease, any additional fees or charges, and expectations for things like cleaning and upkeep.

Legally evicting your tenants

During a lapse of judgement, it may be tempting to utilize unlawful methods to remove a tenant from your rental property. However, following proper legal procedures, albeit time-consuming and tedious, is imperative. Failure to do so puts you at risk of criminal charges, losing your possession claim, and paying your tenant’s legal fees, all of which must be avoided.

There are several ways to evict a tenant that are illegal, such as locking them out, denying them access to part or all of the property, intimidating them, removing their possessions, or using 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 you must take if you proceed to evict your tenants

Landlords are required to adhere to specific procedures to serve notices to tenants under Section 21 of the Housing Act. In some cases, issuing a possession order may be necessary to legalize it. However, the standard cost of a possession order in court is £325.

In the event of rent arrears, landlords may grant tenants a two-week window to pay up or vacate the premises. If payment fails to materialize, landlords could then dispatch eviction notices to facilitate the recovery of rent arrears. Of course, other lease violations that demand attention might also exist, which prompt the need for notices to be served. We can assist by diligently drafting and serving legal notices that adhere to legal requirements.

It is imperative to adhere to stipulated procedures to preclude wrongful eviction. We offer access to professional legal advice to guide you through the process. Breaches of regulations could attract a tenant’s successful defence against the eviction.

In scenarios where immediate eviction is necessary due to illicit activities, landlords may initiate an application for a court-ordered possession. Our services can assist in preparing the claim to secure the housing tenancy arrangement for the smoothest possible eviction process.

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

Instructing 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 filed

Upon receiving a Section 21 or Section 8 Notice, tenants must vacate by a specific date or face legal repercussions. Failure to comply may trigger an application for a Warrant of Possession, in which a Court Bailiff is involved to enforce the order. Nevertheless, the outcome of this process can sometimes involve a wait period of several weeks, frustrating landlords.

When tenants are judged for rent arrears, retrieving owed payments after they move out can often pose more of a challenge due to a lack of forwarding address. As such, landlords must acquire extensive tenant information to ensure successful enforcement, including full name, date of birth, previous addresses, a relative’s address, and place of work.

Obtaining such information proves instrumental in locating tenants and recovering owed rental arrears.

Our eviction lawyers in Oldham also take cases across 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.

If a tenant has breached the tenancy agreement, a landlord will typically attempt to resolve the issue through verbal or written communication. Even when such attempts are unsuccessful, it is still often possible to reach an amicable agreement without the need for formal eviction proceedings.

If a tenant does not respond to attempts to negotiate a resolution, or if the breach is serious enough that it has put the landlord’s property at risk, then eviction may be necessary.

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.