Tenant Eviction Preston

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

<p>Preston tenant evictions</p>

Is it possible to evict a tenant in Preston?

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 Preston.

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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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 being carried out on the property

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 property

The tenant assumes full responsibility for any damage they cause to the rental property. It is imperative that such damages are reported in a timely manner to ensure prompt assessment and repair by the landlord or a professional contractor.

In certain situations, communication with the agency overseeing the tenancy may be necessary to liaise with the landlord. Depending on the extent of the damage, immediate action may be required to repair it. However, if the damage is not noticed until the end of the lease term, landlord-tenant deliberations will take place to ascertain the next steps. Deduction of damage costs from deposits is common practice in such cases.

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.

Be careful, make sure you evict your tenants the legal way.

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 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

Starting possession proceedings

When landlords of residential properties seek to reclaim their premises from tenants, they must tread carefully as the process is highly regulated. Mishandling it could result in serious legal consequences, such as harassment charges or even unlawful eviction lawsuits.

Possession proceedings are widely acknowledged to be complicated, involving complex legal issues. It is therefore wise to seek the guidance of seasoned legal professionals. Taking legal action through the appropriate channels protects both your property and yourself. So, be sure to take the right steps, the right way.

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.

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 granted

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 lawyers in Preston 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.

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.