Weston-super-Mare tenant eviction

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.

<p>Weston-super-Mare tenant evictions</p>

We can help you evict tenants in Weston-super-Mare

It is crucial for every landlord to comply with the legal procedure when evicting a tenant to avoid the risk of prosecution and losing ownership of the property. Using an “accelerated procedure” or “accelerated possession order” is commonly the most cost-effective and timely way to proceed with evicting tenants in Weston-super-Mare.

Following the service of Section 21 and the two months’ notice period, the landlord should make a formal application to the court for a possession order. The judge may grant this order without a court hearing, based solely 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 circumstances that allow landlords to 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 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 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

 

Violations 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.

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

According to Section 21 of the Housing Act, landlords must follow specific procedures to serve notice to their tenants. In certain situations, it may even be necessary to issue a possession order to make it official. However, in court, the cost for a standard possession order stands at £325.

In the case of rent arrears, landlords can give tenants two weeks to either pay up or vacate the property. If payment is not received, the landlord can proceed with serving additional eviction notices to pursue the rent arrears owed. And of course, there may be other lease violations that require notice. If faced with such a situation, we can assist by accurately drafting and serving legal notices that comply with the law.

It’s crucial to follow strict procedures to ensure tenants are not wrongfully evicted from their homes. We offer access to legal advice to guide you through this process. Failure to adhere to the rules could result in a successful defence from the tenant.

If you need to evoke a tenant immediately due to illegal activities, you can apply to the court for a possession order. Our services can help you draft your claim and secure the housing tenancy arrangement for a smooth 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 

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

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.

We’re national tenant eviction solicitors and we can help you in Weston-super-Mare

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

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