tenant eviction

What is 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, you may also decide to evict a tenant because illegal activity may have been undertaken on your property. Also you may be aware of damage including anti social behaviour on your property or you simply want to make use of the property for yourself.

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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We are National tenant eviction specialists. View our testimonials

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Wayne B

Private Landlord (London)

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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

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.

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

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.

Rent arrears

Under Section 21, a tenant failing to pay rent is legally subject to eviction – sometimes, a landlord pursues eviction through legal action if previous rent demands have not been met. Landlords seek profit through leasing their properties and unpaid rent followed by squatter-like habitation is a major inconvenience. For this reason, renters can be challenged in court to regain lawful possession of the property.

There are several reasons why tenants may find it challenging to pay their rent – Laid-off work, unexpected life events or unforeseen expenses can all hurt their ability to pay. This leads tenants to fail to pay rent and become subject to eviction.

Illegal activities

Landlords have another option for evicting private renters who violate the law. If a tenant uses the rental property for illegal activities such as drug use or prostitution, the landlord may attempt to revoke the lease agreement.

This process requires strict adherence to the law, which may vary depending on the location. Though landlords also have a responsibility to ensure the safety and wellbeing of their tenants. If necessary, eviction notices may be given in writing. With rent arrears or other breaches of the lease as the cause for eviction.

Find out if you can legally evict your tenants & how long it will take, today.

Damage to your rental property

In the UK, the amount of the security deposit is typically one to two times the monthly rent; this amount is regulated by law. It’s unfortunate that some private renters may damage the property, resulting in repair costs that are higher than the deposit amount. In such cases, landlords can obtain an eviction warrant if the tenant doesn’t agree to make the necessary repairs or if the deposit doesn’t fully cover the expenses. Landlords can cite damages to the property as valid grounds for legal action to terminate the fixed-term agreement.

It is a good idea for tenants to take pictures of the property before moving in, as this photographic evidence can reduce the possibility of disputes regarding pre-existing damages. Additionally, tenants can negotiate the terms of the security deposit with their landlord before signing the lease.

Violations of the tenancy agreement.

As a landlord, there are a few key things to keep in mind when entering into tenancy agreements. Whether it’s an assured shorthold or a normal tenancy, make sure to include certain provisions in writing to protect yourself and your property. These provisions, as guided by the Housing Act, may include restrictions on pets and the number of roommates allowed, as well as clauses dealing with potential rent arrears or damages to the property.

It’s also important to take the time 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 a tenant

It might be tempting during an error of judgment to use unlawful methods to evict a tenant from your rental property, but you need to follow the proper legal steps even if it’s time-consuming and tedious. Not doing so puts you at the risk of criminal charges, losing your possession claim, and paying your tenant’s legal fees which is something to avoid.

Unlawful ways to evict a tenant include: locking the doors, prohibiting access to parts or all of the property, intimidating the tenant, removal of their possessions, and forceful eviction.

evicting tenants

Steps to take when evicting tenants

Section 21 of the Housing Act outlines a landlord’s process for serving notice to tenants. Depending on the scenario, it may be necessary to serve a possession order to the tenant. In court, a standard possession order comes at a cost of £325.

For rent arrears, landlords can provide tenants with a two-week notice to pay or vacate the property. If payment is not received, landlords can pursue rent arrears and serve additional eviction notices. Other lease violations may also warrant notice, and we can assist with drafting and serving it accurately.

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, including housing disrepair or to find out exactly where you stand and the range of options available call us today on freephone 0333 880 0074

Find out if you can legally evict your tenants & how long it will take, today.

Possession proceedings 

It’s not uncommon for landlords of residential properties to need to recover their property from tenants, no matter the situation at hand. However, it’s important to remember that this process is heavily regulated, and failure to handle it appropriately could lead to a claim against you for harassment, or even unlawful eviction.

Possession proceedings are known to involve complex legal issues, which is why it’s always a good idea to get in touch with seasoned legal professionals.

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.

If you’re unsure of the correct course of action to take, it’s best to schedule an initial consultation and/or submit your case for review at a fixed fee. This will provide essential pre-emptive measures before commencing proceedings, which may save you considerable time and money at a later stage.

We will review the tenancy agreement, verify if a deposit has been taken and the tenancy deposit scheme that holds it. We will assess the tenant’s rent arrears and advice on the best approach depending on the method of possession proceedings selected. Finally, we’ll prepare and serve the suitable notice; either Section 21 or Section 8 depending on the assessment.

There are two types of possession proceedings

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

Once the possession order has been made

Once an Order has been granted, either through a Section 21 or a Section 8 Notice, the tenant is given a date on which to vacate the property. If the tenant fails to comply with the Order, you will need to apply to the Court for a Warrant of Possession, and the Court Bailiff will execute the Order. Unfortunately, this process can take several weeks, which can be quite frustrating.

If a Judgment has been made against your tenant regarding the rent arrears, it is advisable to enforce that Judgment while the tenant is still in the property. This is because once the tenant has left, it can be challenging to recover the rent arrears, as it is unlikely that you will have their forwarding address. It is crucial that landlords obtain as much information as possible about their tenants, including their full name, date of birth, previous address, a relative’s address and place of work.

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

possession order

Frequently asked questions

Reclaiming a property from a tenant ordinarily takes approximately one to four weeks post being granted a possession order by the court. We assure swift eviction upon service enlistment, respecting the guidelines in Section 21.

Thus, within a reasonable timeframe before the court-given deadline, your property can be back in your possession.

If you have asked a tenant to leave your property and they refuse, you can seek a possession order through the courts. Once granted, we can help you obtain the services of bailiffs who will legally enforce the order. It is important to note that the fees associated with hiring bailiffs can be high, but the resulting peace of mind is invaluable.

As a landlord, you have the power to remove a tenant from your property. However, this can only be done with a court order and a possession order. Our services can assist in evicting a problematic tenant by requesting bailiffs to forcefully remove them after their assured shorthold tenancy expires, the assured shorthold agreement is terminated, and the court allows you to regain possession of the property. Our team is here to help make this complex process less daunting for you.

In order to obtain a possession order and evict a client, we advise following the updated rules enforced in court. To start, comply with Section 21 of the Act and proceed with the necessary steps to serve a written notice if the fixed tenancy term has expired or you wish to terminate it.

We understand that you may be uncertain about how we can support you. Rest assured we have an expert team of solicitors and lawyers at our law firm who can help you navigate the process of legally evicting a tenant at a reasonable cost. Our services include:

  • Providing you with practical advice to help you decide on the appropriate course of action.
  • Recommending alternative dispute resolution methods when appropriate.
  • Managing paperwork preparation on your behalf.
  • Ensuring that your possession notice is legally compliant and properly prepared.
  • Aggressively defending your interests in court as required.
  • Ensuring that all relevant legal requirements are fully met.

You can rely on us to handle the details of this complex process so that you can focus on moving forward.

We also have a team of medical negligence solicitors that will assist you  in filing your claim. We understand the complexities of medical negligence law and we are committed to providing you with an excellent service. Our goal is for you to be successful in getting the compensation you deserve. With our expertise, you can be sure that your case will be handled properly.

We can also assist tenants of council and housing association properties with filing a housing disrepair claim

We are Tenant Eviction experts.

We cover thee whole of the UK, contact us via email, telephone or live chat.