Guide for Landlords – Questions About Tenant Evictions Answered.
At our firm, we know landlords have enough to deal with when it comes to the home that they own that is why we can provide you with our tenant eviction service.
Our team has prepared a short guide to answer some of your questions. Should you require more detail or need specialist help, please do call us on 02034173859.
What is tenant eviction? and what does it mean in reality?
To simply put, when a landlord or owner of a property wants to take “possession” back from their tenants. They can do so by simply giving them an eviction notice.
What are the common reasons for eviction?
- Unpaid rent
- Unreasonable behaviour by the tenant
- The tenancy has come to an end
To comply with the above, you as a landlord must follow strict legal procedures. It is important to note it is possible to avoid any unnecessary dispute simply by talking to the tenant. However, if faced with no option but the legal route, then you must be aware of the notice periods.
Assured Shorthold Tenancy
As a landlord you may want to evict for whatever reason stated above, depending on the reason for the eviction, the notice period can vary, from a two-week notice to two months’ notice.
Even if rent is owed to you, you have a strict legal process to follow as a landlord.
The two types of Eviction Notices you can use on a tenant?
Section 21 notice when used potentially be used to get a possession order even though the tenant is not at fault.
Section 8 notices are used when your tenant has broken the terms and conditions of the tenancy agreement signed with you the landlord and you wish them to leave the property.
Do landlords get it wrong when trying to evict the tenant without a Solicitor?
Far too often, landlords try to issue Eviction notices themselves, usually in a bid to avoid the cost to solicitors. However, mistakes occur such as an error in the application that subsequently leads to the application being dismissed.
The listed below are some of the mistakes we come across at Adel Jibs & Co Solicitors:
- Setting wrong dates on the form
- Eviction notice not in the right form – Prescribed from, for example.
- Admin errors in names and addresses
- Not complying with legislation – deposit legislation
The bottom line is that if you set off on the wrong track at inception, it’s near impossible to rectify your position. This leaves landlords in an exhausting situation where they have no choice but to start again from scratch with all their troubles and expenses incurred before even getting started.
Have you issued an eviction notice and it has been ignored?
The next step would be to issue a claim for possession of your property at the local county court, relying upon the notice seeking possession.
The sole purpose for you as the landlord is to secure a Possession Order.
What are Possession Orders?
Possession orders are orders of the court that enables you to evict your tenants.
The decision to grant possession is decided by the court. The court can decide to grant outright possession orders or suspend/postpone possession orders.
If the tenant refuses to leave despite the fact a possession order has been issued you must instruct bailiffs to evict them under a Warrant of Possession by using a county court bailiff or High Court enforcement officer.
How Adel Jibs & Solicitors can help you today.
As a law firm, we work with new landlords to put a process in place to reduce the risk of having to evict a tenant.
Whatever problem you are having with your tenant, we are just a phone call or complete our online form. You can even talk to Del!
We are Solicitors in Enfield and cover the London area, so wherever or whatever the problem, we will be there to assist you.
Whether a Section 8 eviction notice needs to be served on a non-paying tenant or you need a section 21 notice served because you need your property back, we have the know-how and expertise to guide you throughout the whole process to get your property back.
Click on the link
to view our article on changes to notice period from 1st October 2021
As a leading law firm in London, we pride ourselves on getting the job done.