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evicting a tenant

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  • About Tenant Eviction

About Tenant Eviction

We are an eviction company specialising in domestic repossessions for landlords with properties in England & Wales.
Need Legal advice or help then call us today. We are open 7 days a week 8 am to 10 pm

Tenant eviction in England and Wales is not straightforward and should not be undertaken without proper advice. Mistake at the beginning of the process will cost you dear later on!

It is often said that the law regarding tenant eviction is always on the side of the tenant. This is true to a degree and forms part of the protection against eviction. Tenants, regardless of circumstances, do have rights and this is why the steps taken have to be carried out correctly in order to get a successful possession.

One of the biggest questions asked is “ Why can’t I just go and kick the tenants out “ Unfortunately the answer to this is that it is illegal and could land you in a lot of trouble. That said, if you are looking at this, then you are looking at preparing your possession claim correctly and legally.

Your tenant may have a Assured tenancy, Assured Shorthold Tenancy, License, Verbal Agreement or an Implied Tenancy and the Notice(s) that need to be served will depend on which one. Also, the De-Regulation Act 2015 may preclude you from serving certain notices due to length of tenancy, non-compliance with prescribed information, no deposit protection etc. Get advice before you serve, MISTAKES ARE EXPENSIVE! ILLEGAL EVICTION IS A CRIMINAL OFFENCE!

Advisory Letter

Tenant letter – If you are evicting because of a problem with the tenancy and you want to try and resolve the problem you should write to the tenant highlighting the situation and warning them of the possible consequences. This could be done by you, your agent or us. It is often the case that a letter from a third party will resolve simple issues. If there is more of an issue or they ignore the letter and you decide you will need to evict the tenant then you will need to serve them with a notice.

Step 1 – Notice Serving

Section Notices are the first step in the eviction process. In some cases, especially if served by a company such as ourselves, they will serve to prompt the tenant into action. They may attempt to resolve any problems with the landlord or in some cases now that they know that you are serious they may surrender or abandon the property. If not, at the expiry of the notice you will be in a position to proceed to step 2.

Step 2 – Court Proceedings

At step 2 you involve a judge and the courts. The claim is submitted to the court and a possession order is granted or a date for a hearing is set. At the hearing your legal representative will make submissions on your behalf as to why you should be granted a possession order, this order can be anything between forthwith up to 42 days. The length of order is entirely at the discretion of the Judge however the majority of orders are for 7 or 14 days. If at the expiry of the order the tenant still remains in the property you can proceed to step 3.

Step 3 – Bailiffs

Step 3 is the instruction of bailiffs to take possession of the property.

This can be done in 2 ways.

1) County Court Bailiffs.

2) High Court Bailiffs.

The choice is up to you and both choices have advantages and disadvantages. Once the bailiffs have attended you will have possession of your property.

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