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Eviction Solicitors - Evicting a Tenant

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Forbes Solicitors' tenant eviction solicitors offer expert legal advice on evicting tenants. Our tenant eviction solicitors can assist with a range of issues, including rent arrears, anti-social behaviour, and illegal subletting. We understand the importance of maintaining good relationships with your tenants and work to achieve the best possible outcome for all parties.

What is Standard Possession

Standard possession is a court-ordered arrangement in which one parent has physical custody of the child for certain periods of time, typically alternating weekends, one weeknight each week, and alternating holidays. This arrangement is typically used when parents do not agree on a custody arrangement and the court has to make a decision.

We help you recover possession of your property legally and in a sensitive and speedy manner. There are four main stages involved in this:

Stage 1 - Review and advice before notice

This is a critical step. Before embarking on a possession claim, it is very important that a landlord has all the correct documentation in place and has complied with strict, mandatory legal requirements relating to deposits (if taken), prescribed information, how to rent guides, Energy Performance Certificates, gas safety requirements, amongst others.

Once we have carefully looked at your documentation and assessed the situation you are in, we will clearly advise you of exactly what options are open to you and recommend a course of action. We will also highlight any potential defences, issues or counterclaims, which the tenant may raise and what that will mean for you.

Stage 2 - Notice (either s.21 or s.8)

After identifying the appropriate course of action to take, we will draft and serve the correct form of notice required by law to start the possession process.

Stage 3 - Court Proceedings & Possession Order

If, after the expiry of the Notice the tenant remains in occupation, it will be necessary to commence Court Proceedings to seek an eviction Order. The eviction Order is required by law to enforce the eviction of the tenant if that becomes necessary.

Should a landlord embark on a course of action to evict a tenant which is not lawful, they will be at risk of committing a criminal offence under the Prevention from Eviction Act 1977 leading to compensation payable to the tenant, risk of imprisonment and/or a fine and the tenant being reinstated at the property. This highlights how critical it is to follow the correct procedure.

There are two main types of Court proceedings:

After the court process has been concluded successfully, the Judge will make a Possession Order requiring the tenant to vacate the property within a fixed period of time. In s.8 claims based on rent arrears, the Possession Order will also require the tenant to pay rent arrears.

Stage 4 - Enforcement

Once the deadline in the Possession Order has passed, the tenant should have vacated the property and handed back the keys. Unfortunately, in some instances, the tenant will remain in occupation of the property after the date in the Possession Order. This will make the tenant a trespasser and it will be necessary to instruct a bailiff and high court enforcement officer to have conduct of the eviction itself.

We will take care of instructing the Bailiff and guiding you through this last stage.

Why choose our solicitors for evicting tenants?

If you find yourself in the position were you have no choice but to evict a tenant, then our solicitors have extensive experience in evicting tenants and are well-versed in the legal procedures involved. We provide a personalised service tailored to your specific needs, ensuring a smooth and efficient eviction process. Our team is dedicated to achieving the best possible outcome for our clients, and we pride ourselves on our professionalism and attention to detail. With our expertise and commitment, you can trust us to handle your eviction case with the utmost care and diligence.

Who do our solicitors help with evicting tenants?

Our solicitors help landlords with evicting tenants who have breached their tenancy agreement or failed to pay rent, ensuring the process is carried out legally and efficiently.How can our lawyers help with evicting tenants?At Forbes Solicitors our lawyers can assist with evicting tenants by providing legal advice on the eviction process, drafting and serving eviction notices, representing landlords in court proceedings, and enforcing eviction orders. We can also help landlords navigate any legal challenges or disputes that may arise during the eviction process. Our goal is to ensure a smooth and efficient eviction process while protecting our clients' rights and interests.

Forbes Solicitors can provide expert legal services and support Tenant Eviction cases, with offices located in Blackburn, Accrington, Salford, Preston, Manchester, Leeds, and London. Contact us today to speak with our specialists, available to assist clients nationwide.

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FAQs

What is the process for evicting a tenant?

The process for evicting a tenant involves serving a notice to quit, followed by a possession order from the court if the tenant does not leave. The landlord must provide a valid reason for eviction, such as non-payment of rent or breach of tenancy agreement. The court may also require a hearing to determine the validity of the eviction. The tenant has the right to appeal the decision.

How long does it take to evict a tenant?

The length of time it takes to evict a tenant depends on the type of tenancy agreement and the reason for eviction. For example, if a tenant is being evicted due to non-payment of rent, the process can take around 8-10 weeks. However, if the tenant is being evicted due to anti-social behaviour, the process can take longer, up to several months. It is important to follow the correct legal procedures when evicting a tenant to avoid any delays or complications.

What are the legal grounds for evicting a tenant?

The legal grounds for evicting a tenant include non-payment of rent, breach of tenancy agreement, damage to the property, anti-social behaviour, and expiry of the fixed-term tenancy agreement. The eviction process must follow the correct legal procedures, including serving notice and obtaining a court order.

Can I evict a tenant without a court order?

New: Can I evict a tenant without a court order?No, it is illegal to evict a tenant without a court order . Landlords must follow the proper legal procedures to evict a tenant, which includes obtaining a possession order from the court. Attempting to evict a tenant without a court order can result in legal action being taken against the landlord.

Can I evict a tenant for non-payment of rent?

Yes, landlords can evict tenants for non-payment of rent. However, they must follow the correct legal procedures, such as serving a notice to quit and obtaining a possession order from the court. It is important to seek legal advice and follow the correct procedures to avoid any potential legal issues.

What is a Section 21 notice and how does it work?

A Section 21 notice is a legal document used by landlords in England and Wales to end an assured shorthold tenancy. It gives the tenant at least two months' notice to vacate the property. The landlord does not need to give a reason for ending the tenancy, but must follow specific procedures and requirements to serve the notice correctly.

Can I evict a tenant if they have a fixed-term tenancy agreement?

No, you cannot evict a tenant with a fixed-term tenancy agreement before the end of the agreed term, unless they have breached the terms of the agreement. At the end of the fixed term, you can choose not to renew the tenancy agreement or negotiate a new one with the tenant. If the tenant refuses to leave at the end of the fixed term, you can apply for a possession order through the courts.

What happens if a tenant refuses to leave after being served an eviction notice?

If a tenant refuses to leave after being served an eviction notice, the landlord must apply to the court for a possession order. If the court grants the order and the tenant still refuses to leave, the landlord can apply for a warrant of possession, which allows bailiffs to physically remove the tenant and their belongings from the property. It is illegal for a landlord to forcibly evict a tenant without a court order.

Can I evict a tenant if they have children or are pregnant?

No, it is illegal to evict a tenant solely because they have children or are pregnant. This is considered discrimination under the Equality Act 2010. Landlords must follow the proper legal procedures and have valid reasons for eviction, such as non-payment of rent or breach of tenancy agreement. Pregnant tenants may also have additional protections under the law, such as the right to request reasonable adjustments to their living arrangements.