Eviction
The law can be a confusing and intimidating place, Latin terminology and decades-old statutes may lead you to become overwhelmed by the prospect of understanding the correct way to evict your tenant and keep your property profitable.
If you’re searching for a Landlord Solicitors then you’ve come to the right place. At SLS Solicitors, we can handle any type of tenant dispute, from rental disputes to evictions and much more. Contact us today for a free consultation.
What is Eviction:
Put simply; eviction is the removal of a tenant from rental property by the landlord
However, there are different procedures for eviction. The exact procedure will depend on the tenancy agreement and its terms.
Here at SLS Solicitors, we understand your need to act quickly and efficiently so we offer Fast Eviction Service to help you as fast as possible.
What are the Types of Tenancies?
Before eviction rights are considered it is first essential to understand which form of tenancy is present. The three forms of the tenancy agreement are as follows:
- Excluded tenancies or licenses
An excluded tenancy is whereby the tenant in question lives with the landlord. Only ‘reasonable notice’ is required to evict in this scenario, this usually means the length of the rental payment period. So, if your tenants pay rent weekly you can give them one week’s notice. The notice does not have to be in writing. The landlord is then free to change the locks on their rooms, even if they still have belongings in there.
- Assured and regulated tenancies
the tenant started their tenancy prior to 27 February 1997, they might have an assured or regulated tenancy. Different rules apply to evicting such tenants and they’ll have increased protection from eviction. You can only be evicted from a regulated tenancy if a landlord gets a court order, the landlord must prove a legal reason for eviction, such as rent arrears and the court must consider if it’s reasonable to evict you.
- Assured shorthold tenancy
There are two forms of Assured shorthold tenancies, one which rolls over weekly / monthly with no fixed end date (periodic tenancy) or conversely on in which has a pre-determined end date (fixed-term tenancy). Regardless of which assured shorthold tenancy is present, there is a set procedure to which landlords must adhere in order to evict.
What are the Types of Notices?
Section 21 Notice
(Section 21, Housing Act 1998)
A Section 21 notice must be issued to a tenant by a landlord if a landlord wishes to evict a tenant under an assured shorthold tenancy, this can be issued after a fixed term tenancy ends or during a periodic tenancy and the landlord must allow up to 2 months for a tenant to leave the property after the Section 21 notice has been served. A landlord may need to provide a longer notice period if the tenant has a ‘contractual’ periodic tenancy. This is a fixed-term tenancy that has ended but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period if this is more than 2 months. This notice requires no reason for eviction and the landlord is required to put the notice before a court in order to evict the tenant in question.
Be careful when using this notice as it has its own downfalls. It is best to speak with a seasoned lawyer so you don’t waste money and precious time.
Section 8 Notice
(Section 8, Housing Act 1998)
Alternatively, whereby a tenant has breached the terms of their Assured shorthold tenancy, a landlord can issue a Section 8 notice seeking possession of the property. This notice must include the grounds for possession and the reasons why the landlord is seeking eviction and if such notice is valid the tenant is likely to be awarded 14 days until they must leave the property, this can be challenged in court if the Section 8 notice isn’t valid or if the tenant has good reason they shouldn’t leave the property.
This notice can be used for rent arrears or even anti-social behavior such as loud noise.
You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both.
How much notice do you need to give?
In England, a Section 21 notice must give your tenants at least 2 months’ notice to leave your property.
You may need to give a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed-term tenancy that has ended but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.
In England, the amount of notice you give for a Section 8 notice depends on your reason (or ‘ground’).
What is the Process of Eviction?
To make things much simpler see below the steps you must take.
You should be taking proper legal advice before you start any of the steps to make sure they apply to you and that they are done properly.
The landlord must Issue and serve a Section 21 or 8 Notice
The landlord must Issue and serve a Section 21 or 8 Notice
The landlord must then apply to the court for a standard possession order if a tenant does not leave by the date specified on the notice and rent is owed. (Accelerated possession order can be applied for if not claiming any unpaid rent)
The landlord must gather and file the evidence in court before the hearing date.
The landlord must attend the hearing and present his case
If a tenant still will not leave the landlord must then apply for a warrant for possession, meaning that bailiffs can remove the tenants from the property.
Get your property back for one low fixed fee. We have a 100% success rate and provide complete peace of mind. We will do the entire eviction from serving notice to obtaining a court possession order and instructing a bailiff for you.
A problem tenant who is not paying rent or causing damage to your property or using your property for illegal purposes can be stressful and costly. Act fast and get advice from an expert solicitor.
Legal Cost in Stages:
(Court fees and VAT are not included)
Stage 1 – Initial Review & Eviction Notice
£100.00
Stages 2 and 3- Issuing and Preparing Possession Claim
£650.00
Stage 4 – Representation at the hearing
£200.00
Stage 5- Preparing a warrant for a bailiff to remove your tenant
£150.00
Court fees are separate
Fixed Fee
We do all the above stages for £1000.00
(no court fees are included)
Court Fees – to be paid to court:
For Possession proceedings
£355.00
For the court to send out a bailiff:
£130.00
