Basingstoke tenant eviction solicitors

As a landlord, you may find yourself needing to evict tenants. It’s important to get legal counsel to ensure you’re compliant. We understand how challenging and stressful those situations can be.

Our tenancy specialists possess the expertise and experience to ease your worries and ensure a desirable outcome. If you require tailored and amicable guidance, contact us today to converse with our adept legal team. Our straightforward and reliable legal solutions comply with the relevant regulations.

Our comprehensive range of services is designed to support you throughout the entire eviction process. This includes preparing the necessary documentation, filing your notice, and ensuring compliance with all relevant steps. Our team of dedicated experts will provide knowledgeable guidance and assist with any issues you may come across. By leveraging our services, you can mitigate the possibility of disputes.

<p>tenant eviction solicitors Basingstoke</p>

Is it possible to evict a tenant in Basingstoke?

It is crucial for every landlord to comply with the legal procedure when evicting a tenant to avoid the risk of prosecution and losing ownership of the property. Using an “accelerated procedure” or “accelerated possession order” is commonly the most cost-effective and timely way to proceed with evicting tenants in Basingstoke.

Following the service of Section 21 and the two months’ notice period, the landlord should make a formal application to the court for a possession order. The judge may grant this order without a court hearing, based solely on the available paperwork.

We understand that evicting a tenant can be a challenging endeavor. Our team of skilled Tenant Eviction Solicitors in Basingstoke possesses the expertise and know-how needed to ensure a successful outcome. Our solicitors provide invaluable guidance and advice to expedite and streamline the process for our clients.

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.

For more information about our services, or to find out exactly where you stand and the range of options available call us today on freephone 0333 880 0074

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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.

What are the circumstances that allow landlords to evict tenants?

When a tenant fails to pay rent, landlords may pursue eviction through legal action as per Section 21 of the law. This step is usually taken when previous rent demands have not been met.

Landlords aim to make a profit by leasing their properties, and non-payment of rent followed by squatter-like habitation can cause significant inconvenience. Therefore, renters can be contested in court to regain lawful possession of the property.

Various factors, such as unforeseen life events, unexpected expenses, or job loss, can hinder tenants’ ability to fulfil their rental obligations. Consequently, tenants may default on their rent payments, leading to potential eviction.

Are you a Council or Housing association Tenant with housing disrepair issues?
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Illegal activities being carried out on the property

Landlords have an alternative in case private renters break the law. If a tenant uses the premises for unlawful activities such as drug dealing or prostitution, the landlord can attempt to terminate the lease agreement.

Compliance with eviction laws is crucial. Additionally, landlords are responsible for ensuring their tenants’ safety and well-being. When dealing with rent arrears or lease violations, landlords can serve written eviction notices with legal grounds for their decision.

If the tenant fails to comply with the notice, the landlord should initiate a formal eviction process, which involves filing a legal complaint against the tenant and attending court. All legal documents should be correctly served to the tenant in accordance with the legal requirements.

Additionally, a landlord may choose to enlist the help of an attorney or other legal professional. Once the process has been completed, the tenant will be required to leave the rental property.

It is important to remember that the eviction process should be handled with patience and respect, as this can help to

Damage to your property

A landlord can use a 14-day notice to quit for property damage. This notice gives the tenant 14 days to fix the damage or move out of the rental property.

The tenant is ultimately liable for any damage they cause to the rental property. It is important that any damage be reported promptly so that the landlord or a professional contractor can promptly assess and repair the damage. In some instances, the tenant may need to communicate with the agency responsible for the tenancy, who will then contact the landlord.

The tenant needs to report the damage they have caused and communicate with the landlord about how best to repair the problem. It may be that the damage requires fixing immediately, or it may be that damage is discovered at the end of a tenancy and the landlord and tenant will discuss how to handle this. Deposits can be deducted from to cover damage.

Violations of the tenancy agreement.

When you’re a landlord, it’s vital to carefully consider key factors before entering into a tenancy agreement. Whether it’s an assured shorthold or a standard tenancy, it’s crucial to include specific provisions in writing to protect yourself and your property. These provisions, guided by the Housing Act, may include restrictions on pets and flatmates, as well as clauses addressing rent arrears or property damage.

As a landlord, it is crucial to be well-prepared and familiar with your legal rights when dealing with tenants. If an eviction is necessary, it’s essential to establish a clear timeline that includes the required notice period and any legal steps that need to be taken.

Taking the time to handle the situation carefully and comprehensively can help avoid unnecessary complications down the line to discuss the terms of the agreement with your new tenant, and ensure that everyone is on the same page before moving forward. This can include going over details like the terms of the lease, any additional fees or charges, and expectations for things like cleaning and upkeep.

Why you should legally evict your tenant

In a moment of poor judgement, it may be tempting to use illegal methods to remove a tenant from your rental property. However, it is imperative to follow the appropriate legal procedures, despite the time-consuming and tedious nature of it. Failure to do so puts you at risk of criminal charges, losing your claim to possession, and being liable for your tenant’s legal fees, all of which must be avoided.

There are various illicit methods to evict a tenant, including altering locks, denying property access, employing intimidation, confiscating possessions, or resorting to physical force for eviction purposes.

 

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

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Steps you must take when evicting your tenants

Under the Housing Act, strict procedures must be followed when serving notice to tenants, as incorrect proceedings could result in wrongful eviction from a property. Section 21 details these procedures, including the serving of a possession order, which costs £325 in court.

In case of rent arrears, tenants are granted a two-week window to settle their outstanding amounts. If payment is not received during the given period, eviction notices may be served. Other breaches of the lease also necessitate notification and our expertise covers all aspects of legal notice administration, assuring compliance with applicable laws.

We offer professional legal advice to landlords, ensuring comprehensive protection throughout the eviction process. Our guidelines assist landlords in avoiding any legal exposure from their actions and omissions. We are available to assist with evictions resulting from illicit activities, including obtaining a court-ordered possession of the property for smooth execution of the eviction process.

Contact us today on the Freephone number 0333 880 0074 for more information concerning our services and how we can support you.

Instructing possession proceedings 

Recovering leased residential premises from tenants can be a complex legal journey for property owners. Get it wrong and expect dire consequences, like harassment charges or unlawful eviction lawsuits. Possession proceedings are notoriously intricate, so it’s crucial to seek insights from legal experts. Instituting legal action through proper channels shields both the property and landlord.

Stay proactive and take the right steps the right way. Serve the required notice and set tenancy end dates accurately; this increases the likelihood of a successful claim.

To ensure the correct course of action, we highly recommend scheduling an initial consultation, or submitting your case for review at a fixed rate. This pre-emptive measure can save considerable time and money in the long run.

As part of our review process, we will examine the tenancy agreement, confirm deposited amounts, and verify the tenancy deposit scheme responsible for safeguarding them. Our team will also analyse outstanding rent payments and advise on the most suitable approach, depending on the chosen possession proceedings. Lastly, upon our evaluation, we will prepare and serve the appropriate notice – Section 21 or Section 8.

There are two types of possession proceedings

• Accelerated Possession – Section 21
• Standard Procedure – Section 8

Once the possession order has been submitted

Once granted via a Section 21 or Section 8 Notice, an Order necessitates that tenants vacate rental properties by a specified date. If not, it calls for swift action: applying to the court for a Warrant of Possession and having a Court Bailiff enforce it. Unfortunately, this process can take weeks, proving quite frustrating for landlords.

When judgement is passed on tenants for rent arrears, enforcing it before they vacate is crucial. This is because recuperating payments afterwards poses a challenge due to lack of forwarding addresses. This calls for landlords to obtain extensive tenant information, including full name, date of birth, previous addresses, a relative’s address and workplace, to ensure successful enforcement.

Such information is instrumental in finding tenants and retrieving arrears.

We’re national tenant eviction solicitors and we can help you in Basingstoke

When it comes to requesting a tenant to vacate a property, eviction is often considered a last resort. Generally, landlords and tenants can swiftly and effectively deal with this type of situation without external assistance.

In certain situations, evicting a tenant may prove challenging, requiring expert guidance to facilitate the process. We understand the uniqueness of each case and realize that a universal solution is not always appropriate.

Our in-house legal team is committed to treating every case on an individual basis and helping you regain control. We will advise you on the optimal course of action, ensuring that your case conforms to existing legislation and regulations.

Are you a Council or Housing association Tenant with housing disrepair issues?
If so we can help you claim compensation on a NO Win, NO Fee basis.

Instant Claim Calculator