Luton tenant eviction

As a landlord, we acknowledge your need to evict a tenant. Whatever the circumstance, we are here to provide assistance and support. Whether it is a breach of the tenancy agreement or rental arrears, we can guide you through the various grounds for eviction and help you navigate the process professionally.

As a private landlord, there may be cases when you need to consider eviction of a tenant due to illegal activity or unacceptable behaviour on your property. Another reason could be if you need the property for personal use. Ensuring that appropriate steps are taken can protect both you and your property.

Whatever the reason you have for wanting to end the tenancy there are still legal procedures you must follow to legally end the contract and regain possession .

When can landlords evict a tenant?

Our purpose is to help you serve the correct notice with ease. There are several grounds that can be cited to regain access to your property, inclusive of but not restricted to, the following options.

<p>Luton tenant evictions</p>

Is it possible to evict a tenant in Luton?

There is a clear procedure that every landlord is required to follow in order to legally evict a tenant. If this is not adhered to you could find yourself unable to regain possession of your property and could even face prosecution yourself.

The quickest and most cost-effective way of evicting Luton tenants is generally by using what is known as an “accelerated procedure”, or “accelerated possession order”.

After the expiration of the two-month notice period served under Section 21, the landlord must apply to the court for a possession order. A court hearing may not be necessary as the judge can grant the order based on the provided documentation.

We appreciate that evicting a tenant can be a difficult task. Our team of expert Tenant Eviction Solicitors possesses the skills and knowledge necessary to guarantee a successful conclusion. Our solicitors offer guidance and advice to expedite the process and simplify it 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.

When can landlords evict a tenant?

If a tenant doesn’t pay rent, landlords might initiate eviction proceedings under Section 21 of the law. Typically, it’s done after unsuccessful rent requests.

Landlords lease properties to turn a profit. Non-payment of rent and squatting can cause significant inconvenience, so renters may be challenged in court to regain possession of the property lawfully.

Various factors, including unexpected life events, unforeseen expenses, or job loss, can hinder tenants’ ability to pay their rent. As a result, tenants may be unable to fulfil their rental obligations and find themselves subject to eviction.

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Illegal activities

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 rental 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

As a landlord, it is crucial to take into account certain key factors when entering into tenancy agreements. Whether an assured shorthold or a normal tenancy is involved, incorporating specific provisions in writing is essential to safeguarding yourself and your property, and abide by the provisions of the Housing Act. Such provisions may include clauses that limit pets and flatmates, as well as clauses dealing with rent arrears or property damages.

It is important for landlords to be well-prepared and to have a thorough understanding of their legal rights when dealing with tenants. When an eviction is necessary, establishing a clear timeline that features the required notice period and any necessary legal procedures is essential.

Taking the time to handle the situation carefully and comprehensively can help avoid unnecessary complications in the future. It is essential to discuss the terms of the agreement with new tenants and to ensure that everyone is on the same page before proceeding. This includes going over details such as the terms of the lease, any extra 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 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

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.

Our eviction solicitors in Luton also take cases throughout the UK.

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.

However, there are circumstances where evicting a tenant can prove challenging, and an expert’s guidance may be necessary to facilitate the process. We acknowledge the distinctiveness of each case and recognise that a universal solution is not suitable.

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