Nottingham tenant eviction solicitors

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.

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Evicting tenants in Nottingham, we can help you.

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 Nottingham 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?

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?
If so we can help you claim compensation on a NO Win, NO Fee basis.

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Illegal activities undertaken on the premises

Landlords have recourse in case private renters engage in unlawful activities. For instance, if a tenant uses the premises for drug dealing or prostitution, the landlord can seek to terminate the lease agreement. This ensures a safe and legal environment for all parties involved.

It is imperative to adhere to the law whilst undertaking this process. Additionally, landlords must ensure the safety and wellbeing of their tenants. Eviction notices may be issued in writing, citing rent arrears or lease breaches as legal grounds for eviction.

If the tenant fails to comply with the notice, then the landlord must initiate a formal eviction process. This includes going to court and filing a legal complaint against the tenant. The landlord must also ensure that all legal documents are properly served to the 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

It’s important for landlords to consider certain key factors when entering into tenancy agreements. Both assured shorthold and normal tenancy agreements should contain specific provisions, guided by the Housing Act, to protect a landlord’s property. These provisions may include clauses limiting pets and flatmates or addressing future rent arrears or property damages.

Landlords must stay informed and prepared regarding their legal rights when dealing with tenants. In case of eviction, it is crucial to establish a well-defined timeline that incorporates the requisite notice period and all necessary legal procedures. Meticulous planning and attention to detail can effectively prevent avoidable complications in the future.

Before finalising the agreement, it’s best to discuss all the terms with the tenant to ensure everyone is on the same page. This can involve reviewing details like the lease terms, additional charges or fees, and expectations for cleaning and upkeep.

Be careful, make sure you evict your tenants the legal way

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

According to Section 21 of the Housing Act, landlords must follow specific procedures to serve notice to their tenants. In certain situations, it may even be necessary to issue a possession order to make it official. However, in court, the cost for a standard possession order stands at £325.

In the event of rent arrears, landlords have the option to provide tenants a period of two weeks to either settle the outstanding amount or vacate the property. Should the payment remain unpaid, the landlord can proceed with serving eviction notices to recover the owed rent. Additionally, other lease violations may necessitate the issuance of proper notices. If you find yourself in such a situation, we can offer our professional assistance in accurately drafting and serving legal notices that are fully compliant with the law.

It’s crucial to follow strict procedures to ensure tenants are not wrongfully evicted from their homes. We offer access to legal advice to guide you through this process. Failure to adhere to the rules could result in a successful defence from the tenant.

If you need to evoke a tenant immediately due to illegal activities, you can apply to the court for a possession order. Our services can help you draft your claim and secure the housing tenancy arrangement for a smooth 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 

When landlords of residential properties seek to reclaim their premises from tenants, they must tread carefully as the process is highly regulated. Mishandling it could result in serious legal consequences, such as harassment charges or even unlawful eviction lawsuits.

Possession proceedings are widely acknowledged to be complicated, involving complex legal issues. It is therefore wise to seek the guidance of seasoned legal professionals. Taking legal action through the appropriate channels protects both your property and yourself. So, be sure to take the right steps, the right way.

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.

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 filed

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 lawyers in Nottingham also take cases across 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