Eviction Solicitors
Even the most experienced landlords can find themselves needing legal assistance when dealing with difficult tenants and property possession matters.
If your tenant is late paying the rent we always advise you speak to them first before considering any formal action. There may be a genuine reason for your tenant not to have paid their rent and if possible, you may be able to agree a repayment plan. However, if your tenant has rent arrears in excess of 2 months we can advise you on what action you should take next.
Property repossession services include:
Section 8 Notices
Section 21 Notices
Enforcement Orders
Recovery of rent arrears
We offer a fixed fee service that will give you certainty of the cost involved and provide you with the quickest route to repossess your property. Our free initial consultation will cover your particular circumstances, why you wish to repossess the property and we will discuss the options available to you.
Serving the correct notice at the right time is crucial, so we recommend contacting us before taking any formal action. Issuing a defective Notice to your tenants will lead to further delays and increased costs through loss of rent.
There are typically four stages involved in property repossession. At each stage we will give you an upfront fixed fee and you will have the option whether or not to proceed to the next one.
Eviction Notice (checking any existing Notice or drafting and serving one as required)
Possession Proceedings
Enforcement of Possession Order by Eviction
Recovery of costs and arrears
To speak to a property repossession and eviction Solicitor please call Farnworth Rose on 01282 695 400 or complete the form below and we’ll call you back.
Understanding The Eviction Process
The process of evicting a tenant can be complex and time-consuming. It's crucial to understand the different steps involved.
Section 21 Notice
A Section 21 notice, governed by the Housing Act 1988, is typically used when a landlord wants to regain possession of a property at the end of an assured shorthold tenancy (AST). This notice can be served without specifying any reason for eviction, but it must be given at least two months before the intended possession date. Additionally, certain legal requirements, such as providing a valid gas safety certificate and How To Rent guide, must be met.
Section 8 Notice
A Section 8 notice, governed by the Housing Act 1988, is used when a tenant breaches the terms of the tenancy agreement. Common grounds for issuing a Section 8 notice include unpaid rent, damage to the property, and nuisance. The notice must specify the reason for eviction and provide the tenant with two weeks to two months' notice, depending on the ground for eviction.
Which eviction notice should you choose?
The process of evicting a tenant can be complex and time-consuming. It's crucial to understand the different steps involved.
Section 21 & 21 Accelerated
The Section 21 notice offers a straightforward way to regain possession of your property once the fixed-term tenancy has ended. It is quicker than Section 8 in terms of possession. As of October 1, 2018, additional rules apply, including not issuing it within the first four months of the tenancy. You can apply for an accelerated possession order if your tenants have not left by the date specified in your Section 21 notice and you’re not claiming rent arrears. This is sometimes quicker than applying for a standard S21 possession order and there’s usually no court hearing.
Section 8 Notice
In most cases, landlords seeking to regain possession of a property rented under an Assured Shorthold Tenancy (AST) often consider using the 'no-fault' procedure outlined in Section 21 of the Housing Act 1988. However, there are situations where this option isn't applicable, such as when the tenancy is still within the fixed term with no break clause, or if other Section 21 requirements aren't met. In such cases, landlords can turn to the grounds for possession listed in Schedule 2 of the Housing Act 1988, which also applies to Assured Tenancies (that can't be terminated via Section 21).
S21 Checklist
This checklist is designed to assist both tenants and landlords in determining the validity of a Section 21 notice. Please note that this checklist serves as guidance and is applicable to assured shorthold tenancy agreements commencing on or after the 1st of October 2015.
The tenant must have received the following documents:
A gas safety certificate dated within the past 12 months (if the property has a gas supply).
A copy of the UK Government's 'How to Rent' booklet.
An energy performance certificate (not applicable for a room in a House of Multiple Occupation with shared facilities).
The tenant should not have submitted a written complaint to the landlord regarding the property's condition before receiving the Section 21 Notice.
The local council should not have issued an Improvement Notice or Emergency Remedial Notice regarding the property within the past 6 months.
Regarding tenancy deposits
If a deposit was taken on or after the 6th of April 2007, it must be protected in a scheme and still protected or returned to the tenant before issuing the Section 21 Notice.
The tenant should have received the prescribed information about where their deposit is protected.
The deposit must have been protected in a scheme within 30 days of the landlord receiving it.
Section 8 Grounds
Below is a summary of the grounds for possession under Schedule 2 of the Act and the minimum notice periods landlords must observe before initiating possession proceedings following the service of a Section 8 notice.
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.
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.
If you do not use the correct statutory grounds with the notice and the correct prescribed forms the Court will be unlikely to grant possession, which potentially leaves you with mounting rent arrears.
Avoiding a claim for disrepair
We’ve seen an increase in disrepair claims, predominately tenants use them as a means to defend against possession proceedings initiated by landlords. To protect yourself as a landlord, here are five essential tips:
Know Your Obligations: Understand your legal responsibilities outlined in the Landlord and Tenant Act 1985, and align your tenancy agreements with these obligations. If your agreements go beyond legal requirements, ensure you follow them, or consider revising them in line with financial constraints.
Be Consistent: Ensure that information provided to tenants in agreements, policies, and procedures is consistent. Make sure tenants understand how to report repairs to avoid ambiguity.
Stay Informed: Once a tenant reports a repair, promptly inspect the property, identify necessary repairs, arrange for them, and keep records. Even during routine visits, be vigilant for potential issues.
Keep Detailed Records: Maintain records of repair requests, property visits, tenant access, and any decisions or advice provided. Good records can defend against claims, while poor records can weaken your position.
Follow the Pre-Action Protocol: Adhere to the Pre-Action Protocol for Housing Disrepair Cases, as late or non-compliance can lead to cost penalties. Don't automatically concede liability without careful consideration; admitting fault in an open letter may result in a damages claim.
Possession hearings
If the tenant does not comply with the notice and refuses to vacate, the next step is to initiate legal proceedings by filing an application with the appropriate court. This application typically includes details about the tenancy, the reason for eviction, and any evidence supporting the case.
Once the court receives the application, a hearing date is set. Both the landlord and tenant will be notified of the date and must attend the hearing. The court will consider the evidence presented by both parties.
During the hearing, the tenant has the opportunity to present a defense. Common defenses include disputing the grounds for eviction, alleging landlord harassment, or raising concerns about the property's condition.
The court may dismiss the case, adjourn the hearing, issue an outright possession order (requiring the tenant to leave by a set date), grant a suspended possession order (allowing the tenant to remain under certain conditions, such as clearing rent arrears), or issue a money order (requiring the tenant to make a specific payment or face bailiff action). The outcome depends on the specifics of your case.
Throughout the entire process, it's crucial for the landlord to maintain meticulous records of all interactions, notices, and documents related to the eviction. These records will be valuable in court.
Need help?
Navigating the complexities of eviction proceedings can be challenging, and each case is unique. Whether you're a landlord looking to protect your property interests or a tenant facing eviction, it's essential to have the right legal support on your side. Our experienced Property Litigation Solicitors are here to assist you at every step of the way.
Why Choose Our Services:
Expertise: Our team specialises in property litigation and has a deep understanding of the legal intricacies involved in eviction proceedings.
Tailored Solutions: We recognise that every case is different. We will work with you to provide a personalized solution that meets your specific needs.
Seamless Process: We aim to make the eviction process as smooth and stress-free as possible for you, guiding you through the legal requirements and handling matters on your behalf. To speak to a property repossession and eviction Solicitor please call Farnworth Rose on 01282 695 400.
