Tenant Eviction Eastbourne

As a landlord, you might need to evict tenants for various reasons, but it’s vital to seek legal counsel to ensure you’re compliant. We acknowledge how challenging and stressful these situations can be.

Our tenancy specialists possess the expertise and experience to alleviate your distress and ensure you achieve the desired outcome. If you need tailored and amicable guidance, reach out to us today and converse with our adept legal team. We’ll provide a reliable and straightforward legal solution that complies with the relevant regulations.

Our services can help you with the entire eviction process, including preparing the relevant documentation and filing your notice. We’ll also ensure that all  relevant steps are followed and provide guidance on any issues that you may encounter.

Using our dedicated team of experts can help reduce the risk of disputes

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Evicting tenants in Eastbourne, we can help you.

It is imperative for every landlord to comply with legal procedures when evicting a tenant, to avoid risking prosecution or loss of property ownership. Utilizing an “accelerated procedure” or “accelerated possession order” is often the most cost-effective and timely approach to evicting tenants in Eastbourne.

After serving a Section 21 notice and observing a two-month notice period, the landlord is required to seek a possession order through the court. The judge may grant this order based on the provided documentation, without the need for a court hearing.

We appreciate that evicting a tenant can be a difficult task. Our team of expert Eviction Solicitors possesses the skills and knowledge necessary to guarantee a successful conclusion.

Our solicitors provide comprehensive support and guidance to expedite the legal process and simplify it for our clients. We make sure to assist you every step of the way, including offering helpful advice tailored to your unique situation. Rest assured, you’re in good hands with us.

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.

When can landlords evict a tenant?

In case of a tenant’s failure to remit rent, landlords may assert eviction charges pursuant to Section 21 of the Act. This course of action is generally pursued when prior rent applications have gone unanswered.

The leasing business is a source of revenue for landlords, and rental default coupled with trespasser-like possession can prove particularly problematic. Consequently, tenants may be legally contested in court in order to regain rightful possession of the premise.

There are oftentimes multiple factors that can impede tenants’ capacity to meet rental commitments, such as unforeseeable life events, sudden expenses, or loss of employment. These hindrances may lead to arrears on rental payments and may warrant eviction.

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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Illegal activities being carried out on the property

Landlords have an option when dealing with private renters who have fallen short of keeping their end of the agreement. Should any tenant use the premises for unlawful activities, such as drug dealing or prostitution, the landlord may seek legal termination of the lease agreement.

Safeguarding a tenant’s safety and well-being is within the landlord’s remit of responsibility. In case of rent arrears, or violations of the lease agreement, the landlord can serve a legally grounded written eviction notice. Complying with eviction laws is of utmost importance for both parties.In the event of a tenant failing to comply with the notice, it is the landlord’s responsibility to initiate a formal eviction process.

This process typically entails the filing of a legal complaint against the tenant and attending court. As per legal requirements, the landlord must ensure that all legal documents are correctly served to the tenant.

Moreover, a landlord may opt to engage the services of a solicitor or other legal practitioner. Upon completion of the procedure, the tenant will be obliged to vacate the rental premises.

It is important to remember that the eviction process should be handled with patience and respect, as this can help to maintain a positive relationship between the landlord and tenant.

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.

Breaches 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.

Legally evicting your tenants

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 if you proceed to evict your tenants

Landlords are required to adhere to specific procedures to serve notices to tenants under Section 21 of the Housing Act. In some cases, issuing a possession order may be necessary to legalize it. However, the standard cost of a possession order in court is £325.

In the event of rent arrears, landlords may grant tenants a two-week window to pay up or vacate the premises. If payment fails to materialize, landlords could then dispatch eviction notices to facilitate the recovery of rent arrears. Of course, other lease violations that demand attention might also exist, which prompt the need for notices to be served. We can assist by diligently drafting and serving legal notices that adhere to legal requirements.

It is imperative to adhere to stipulated procedures to preclude wrongful eviction. We offer access to professional legal advice to guide you through the process. Breaches of regulations could attract a tenant’s successful defence against the eviction.

In scenarios where immediate eviction is necessary due to illicit activities, landlords may initiate an application for a court-ordered possession. Our services can assist in preparing the claim to secure the housing tenancy arrangement for the smoothest possible eviction process.

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

Starting possession proceedings

Residential landlords occasionally find themselves needing to regain possession of their premises from tenants for various reasons. However, it is vital to keep in mind that this process is subject to strict regulations. Mishandling it can lead to grave consequences, including charges of harassment or even legal action for unlawful eviction.

Possession proceedings are known to involve complex legal issues, making it wise to seek the guidance of seasoned legal professionals. Protect your property and yourself by taking legal action through the appropriate channels.

Serve the correct Notice and determine the end date of the tenancy with precision in order to increase the likelihood that your claim will be accepted.

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.

During our review, we will assess the tenancy agreement, confirm any deposits taken, and verify the tenancy deposit scheme holding them. Our team will also evaluate the tenant’s rent arrears and advise on the most appropriate approach depending on the selected method of possession proceedings. Finally, we will prepare and deliver the appropriate notice – whether Section 21 or Section 8 – based on our assessment.

There are two types of possession proceedings

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

Once the possession order has been filed

After an Order is granted via Section 21 or Section 8 Notice, the tenant must vacate the rental property by a set date. If not, action is required: apply to the court for a Warrant of Possession, and a Court Bailiff will execute it. Regrettably, this procedure can take weeks—quite frustrating.

To enforce a judgement against a tenant for rent arrears, it is crucial to take action while they are still residing in the property. This is because retrieving the arrears after they vacate can become challenging, mainly due to the lack of forwarding addresses. Landlords must prioritise obtaining comprehensive tenant information, including their full name, date of birth, previous address, a relative’s address, and place of work. This information will significantly aid in the enforcement of the judgement and ensure a smoother process for all parties involved.

This information can often assist in tracking them down and recovering the rent arrears.

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

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