St Helens tenant eviction solicitors

We understand that as a landlord you may need to evict a tenant. Whatever the reason we are here to assist you. Your reasons could be because the tenants have breached of the tenancy agreement terms. It could be that the tenant owes you rent and is in arrears there are a number of grounds for eviction that we can assist you with.

As a private landlord, there may be cases when you need to consider eviction of a tenant due to illegal activity or unacceptable behaviour on your property. Another reason could be if you need the property for personal use. Ensuring that appropriate steps are taken can protect both you and your property.

Whatever the reason you have for wanting to end the tenancy there are still legal procedures you must follow to legally end the contract and regain possession .

When can landlords evict a tenant?

Our purpose is to help you serve the correct notice with ease. There are several grounds that can be cited to regain access to your property, inclusive of but not restricted to, the following options.

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Evicting tenants in St Helens, 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 St Helens 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.

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.

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

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.

When can landlords evict a tenant?

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 undertaken on the premises

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.

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.

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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

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 filed

After an Order is granted via Section 21 or Section 8 Notice, the tenant must vacate the rental property by a set date. If not, action is required: apply to the court for a Warrant of Possession, and a Court Bailiff will execute it. Regrettably, this procedure can take weeks—quite frustrating.

When a judgement has been made against a tenant for rent arrears, it’s important to enforce it while they’re still residing in the property. This is because retrieving the arrears after they vacate can pose a challenge due to lack of forwarding addresses. It’s imperative for landlords to obtain comprehensive information about tenants, including their full name, date of birth, previous address, a relative’s address and place of work, to aid in the enforcement of the judgement.

This information can often assist in tracking them down and recovering the rent arrears.

Our eviction lawyers in St Helens 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.