Tenant Eviction Solicitors
Looking for an eviction solicitor who will get you the right result? We can help you today.
- Unlimited time to discuss your matter with an experienced eviction solicitor
- An outline of your legal position in your eviction issue
- A clear fee-quote and time frames to resolve your case
- Option to pay in stages
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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.
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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.
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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.
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Why choose SLS Solicitors?
We strive to achieve the best possible result and solution for every one of our clients through our expertise and passion. We are straight talking, approachable and understanding.
Client care is at the very top of our priorities and you can be sure that we will look after you in your times of need.
You will be kept up to date throughout the process and we will only ever be a phone call or e-mail away.
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.
TIME TO EVICT YOUR TENANT
You can evict tenants 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.
WHEN CAN I USE THE SECTION 8 NOTICE TO EVICT MY TENANT?
In the UK, Section 8 of the Housing Act 1988 provides landlords with grounds for evicting tenants on certain grounds. These grounds can be divided into mandatory grounds and discretionary grounds.
Mandatory grounds for eviction include:
- Rent arrears: If the tenant has not paid rent for at least two months (or eight weeks), the landlord can use this ground to evict them.
- Breach of tenancy agreement: If the tenant has breached any term of the tenancy agreement, such as subletting without permission or causing damage to the property, the landlord can use this ground.
- Mortgage lender’s possession: If the landlord’s mortgage lender is repossessing the property, the landlord can use this ground to evict the tenant.
- Tenant has been convicted of a crime: If the tenant has been convicted of a criminal offense and the property was used in connection with the offense, the landlord can use this ground.
- The property is required for use by the landlord: If the landlord requires the property for their own use, such as to move in themselves or for a family member to live there, they can use this ground.
Discretionary grounds for eviction include:
- Persistent rent arrears: If the tenant has a history of not paying rent on time, the landlord can use this ground to evict them.
- Breach of tenancy agreement: If the tenant has breached any term of the tenancy agreement, the landlord can use this ground even if the breach is not serious enough to be considered a mandatory ground.
- Damage to the property: If the tenant has caused damage to the property, the landlord can use this ground.
- Nuisance or annoyance to neighbours: If the tenant is causing a nuisance or annoyance to neighbours, the landlord can use this ground.
- The tenant has overstayed their tenancy: If the tenant has remained in the property after the tenancy has ended, the landlord can use this ground.
It is important to note that landlords must follow a specific legal process when evicting a tenant and cannot simply use one of the grounds listed above to evict them without going through the proper channels.
WHEN CAN I USE THE SECTION 21 NOTICE TO EVICT MY TENANT?
A Section 21 notice can be used by a landlord to evict a tenant at the end of a fixed-term tenancy or during a periodic tenancy (i.e., a tenancy that continues on a rolling basis, usually month-to-month), without having to provide a reason for the eviction.
In order to use a Section 21 notice, the following requirements must be met:
The tenancy must be an assured shorthold tenancy (AST) and the tenant must have been provided with a written tenancy agreement.
- The tenant must have been given a minimum of two months’ notice before the eviction date specified in the notice. This notice period must end on the last day of a rental period and must be provided in writing.
- If the tenancy started after October 1, 2015, the landlord must have placed the tenant’s deposit in a government-approved deposit protection scheme and provided the tenant with the prescribed information about the scheme within 30 days of receiving the deposit.
- The landlord cannot use a Section 21 notice to evict a tenant during the first four months of a tenancy.
- The property must have a valid Energy Performance Certificate (EPC) and a valid Gas Safety Certificate.
It is important to note that a Section 21 notice cannot be used to evict a tenant if they have raised concerns about the condition of the property or if the landlord has not complied with certain legal obligations, such as carrying out necessary repairs or providing the tenant with the prescribed information about their deposit protection scheme.
In addition, there are different rules and requirements for Section 21 notices served before or after the 1st of October 2015, and it’s important to ensure that you comply with the correct requirements for your specific situation.
WHEN CAN I NOT EVICT MY TENANT?
As a landlord in the UK, there are certain circumstances in which you may not be able to evict your tenant, even if you have valid grounds for eviction. Here are some situations where eviction may not be possible:
- If your tenant has a fixed-term tenancy agreement, you cannot evict them before the end of the fixed term, unless they have breached the terms of the tenancy agreement.
- If your tenant has a periodic tenancy, you must provide the required notice period and follow the correct legal procedures for eviction. You cannot evict your tenant without following the correct legal process.
- You cannot evict your tenant if they have raised concerns about the condition of the property, and you have not addressed those concerns in a timely manner.
- You cannot evict your tenant if they have made a complaint about you to the local council, and the council has served you with an improvement notice or taken legal action against you.
- If your tenant is part of a protected group, such as pregnant women, disabled tenants or tenants on maternity leave, you cannot discriminate against them by evicting them without proper cause.
- If your tenant has a valid tenancy agreement and you do not have grounds for eviction, you cannot evict them simply because you want to increase the rent or let the property to someone else.
In summary, as a landlord in the UK, you must follow the correct legal procedures for eviction and ensure that you have valid grounds for eviction. Even if you have valid grounds for eviction, there are certain circumstances in which you cannot evict your tenant, such as when they have raised concerns about the condition of the property or made a complaint to the local council.
SOME TOWNS AND CITIES WHERE WE WORK:
Tenant eviction solicitors Oldham
Tenant eviction solicitors Rochdale
Tenant eviction solicitors Ashton
Tenant eviction solicitors Hyde
Tenant eviction solicitors Denton
Tenant eviction solicitors Liverpool
Tenant eviction solicitors Birmingham
Tenant eviction solicitors London
Tenant eviction solicitors Coventry
Tenant eviction solicitors Leeds
Tenant eviction solicitors Royton,
Tenant eviction solicitors Failsworth
Tenant eviction solicitors Middleton
Tenant eviction solicitors Ashton-under-Lyne
Tenant eviction solicitors Heywood
Tenant eviction solicitors Droylsden
Tenant eviction solicitors Stalybridge
Tenant eviction solicitors Prestwich
Tenant eviction solicitors Hyde
Tenant eviction solicitors Whitefield
Tenant eviction solicitors Salford
Tenant eviction solicitors Bury
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Legal Cost in Stages for Eviction:
(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 | £170.00 |
| Court fees are separate | |
| Possession proceedings court fee | £355.00 |
| For the court to send out a bailiff | £130.00 |
Expert Eviction Lawyers Contact Us Today.
Fixed Fee
We can do all 1 to 5 stages above for a fixed fee.
| Fixed Fee | £1000.00 |
| Court fees are separate | |
|
Possession proceedings court fee |
£355.00 |
For the court to send out a bailiff |
£130.00 |
Rent Recovery for Residential Landlords
| Rent Recovery Fee | |
| Step 1 – Instruct a trace agent and review the prospects of recovery |
£250 plus any disbursements* |
|
Step 2- Prepare and send a letter before action |
£300.00 |
|
Step 3- Issue court proceedings |
£750 plus any disbursements* |
In addition to advising residential landlords on evicting tenants our specialist legal team can also assist in recovering rent arrears. Our rent recovery solicitors are able to offer fixed fees so that you will know exactly how much each stage of the process will cost.
Our rent recovery experts can advise you on the best route to take when looking to recover rent from a tenant or a guarantor. To arrange a consultation call us on 01616975949 or complete our online enquiry form and a member of the team will contact you directly.
*Disbursements are ordinarily court fees and advocate fees (for representation at hearings). Disbursements will be agreed with you before they are incurred. If the matter is defended we may need to do a reply to Defence and the cost for this would be additional
Unlawful eviction
Unlawful eviction is the removal of a tenant from a property without a court order. Our team of specialists can provide advice and assistance to a landlord if faced with an unlawful eviction claim by a tenant.
Frequently asked questions
Choosing the right solicitor can be crucial to the outcome of your case, whether you’re dealing with a personal injury, family law, or any other legal matter. Here are some factors to consider when choosing a solicitor:
- Specialisation: SLS Solicitor has expertise in the Eviction law.
- Reputation: SLS Solicitor has great reviews 4.9 overall and has the reputation you need in a lawyer.
- Communication: SLS Solicitor communicate clearly with you about your case and keep you informed throughout the process. SLS Solicitor are responsive and easy to reach.
- Cost: SLS Solicitors have a clear fee structure which is easy to understand and clearly outlined within your client care letter . SLS Solicitors also offer a no-win, no-fee arrangement on certain cases which means we only get paid if you win your case.
Ultimately, the decision of which solicitor to choose depends on your individual needs and circumstances. It’s important to do your research. You will find SLS Solicitor are a good fit for you and your case.
In the UK, if you are a landlord and you have lost the tenancy agreement, it may still be possible to evict the tenant. However, it may be more difficult to prove the terms of the tenancy agreement in court without a written copy.
Under UK law, a tenancy can be either a fixed-term tenancy or a periodic tenancy. A fixed-term tenancy has a set end date, whereas a periodic tenancy rolls over periodically, such as monthly or yearly. If you have a fixed-term tenancy agreement, the terms of the agreement will still apply until the end of the fixed term. If you have a periodic tenancy, the terms of the agreement will continue to apply until you give proper notice to the tenant to end the tenancy.
To evict a tenant in the UK, you must follow the correct legal procedures. This typically involves giving the tenant notice in writing and obtaining a court order for possession. If you have lost the tenancy agreement, you may need to rely on other evidence to prove the terms of the tenancy, such as rent receipts, bank statements, or witness testimony.
It’s important to note that there are strict legal procedures for evicting a tenant in the UK, and failure to follow these procedures can result in legal action against you. It is therefore advisable to seek legal advice from a solicitor who specializes in landlord and tenant law if you are unsure about the eviction process.
Yes, we can handle cases when a client is abroad. SLS Solicitors have experience and expertise in handling international cases and have the necessary resources to effectively communicate with clients who are abroad.
However, there may be additional challenges and considerations when dealing with international cases, such as differences in legal systems, time zones, and language barriers. SLS Solicitors have a clear understanding of these challenges and have strategies in place to address them.
In the UK, eviction is a legal process that must be carried out in accordance with the law and established procedures. A lawyer can assist a landlord in pursuing an eviction case by providing legal advice on the relevant laws and procedures, assessing the strength of the case, and representing the landlord in court.
However, it is important to note that the outcome of an eviction case depends on various factors, such as the evidence available, the strength of the legal arguments, the judge’s interpretation of the law, and the specific circumstances of the case. Therefore, no lawyer can guarantee a specific outcome for an eviction case.
In addition, landlords in the UK are required to follow strict legal procedures when evicting a tenant, and failure to do so can result in legal consequences, such as fines or imprisonment. It is important for landlords to seek legal advice and guidance from a qualified lawyer who is licensed and knowledgeable in the specific area of law where the eviction case is taking place, to ensure that they are following the law and acting within their legal rights.
In general, a Section 8 notice is a legal notice given by a landlord to a tenant seeking possession of a rental property. The notice must be in writing, and it must specify the grounds for seeking possession under Section 8 of the Housing Act 1988.
The amount of notice required for a Section 8 notice depends on the grounds being relied upon. Some grounds require no notice, while others require at least two weeks’ notice. Grounds 8, 10, 11, 12, 13, 14, and 17 require at least two weeks’ notice, while grounds 7A, 14A, and 14ZA require no notice.
However, it’s important to note that the specific notice requirements for a Section 8 notice may vary depending on the jurisdiction where the rental property is located. It’s always advisable to seek legal advice from a qualified attorney or a housing specialist in your area to ensure that you comply with all relevant laws and regulations. SLS Solicitors are specialist eviction lawyers.
A Section 21 notice is a legal notice given by a landlord to a tenant, seeking possession of a rental property after the fixed term of the tenancy has ended. The amount of notice required for a Section 21 notice depends on the type of tenancy agreement in place.
For an assured shorthold tenancy (AST) that started on or after October 1, 2015, a landlord must give the tenant at least two months’ notice to leave the property, using a Section 21 notice. The notice must be in writing and must comply with certain legal requirements, including providing the tenant with certain prescribed information.
It’s important to note that the specific notice requirements for a Section 21 notice may vary depending on the jurisdiction where the rental property is located. Additionally, some local authorities may require landlords to provide additional information or follow additional steps before serving a Section 21 notice. Therefore, it’s always advisable to seek legal advice from a qualified solicitor in your area to ensure that you comply with all relevant laws and regulations. SLS Solicitors are specialist eviction lawyers.
