Tenant Eviction Sale

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>tenant eviction solicitors Sale</p>

Evicting tenants in Sale, 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 Sale 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

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

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.

Instant Claim Calculator

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 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.

Violations 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.

Why you should legally evict your tenant

Resorting to illegal methods to remove a tenant from your rental property may seem tempting during a lapse of judgement. Nevertheless, it is imperative to follow the proper legal procedures, despite the time-consuming and tedious nature. Not adhering to these procedures poses the risk of criminal charges, losing your possession claim, and being liable for your tenant’s legal fees. Such situations are best avoided where possible.

Unlawful methods of evicting tenants include changing locks, denying access to property or certain areas, using intimidation or force, and removing their belongings. It is crucial to refrain from resorting to such measures and ensure compliance with legal procedures at all times.

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

Steps you must take if you proceed to evict 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.

Starting 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 made

Upon receiving a Section 21 or Section 8 Notice, tenants must vacate by a specific date or face legal repercussions. Failure to comply may trigger an application for a Warrant of Possession, in which a Court Bailiff is involved to enforce the order. Nevertheless, the outcome of this process can sometimes involve a wait period of several weeks, frustrating landlords.

When tenants are judged for rent arrears, retrieving owed payments after they move out can often pose more of a challenge due to a lack of forwarding address. As such, landlords must acquire extensive tenant information to ensure successful enforcement, including full name, date of birth, previous addresses, a relative’s address, and place of work.

Obtaining such information proves instrumental in locating tenants and recovering owed rental arrears.

Our eviction solicitors in Sale 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.

If a tenant has breached the tenancy agreement, a landlord will typically attempt to resolve the issue through verbal or written communication. Even when such attempts are unsuccessful, it is still often possible to reach an amicable agreement without the need for formal eviction proceedings.

If a tenant does not respond to attempts to negotiate a resolution, or if the breach is serious enough that it has put the landlord’s property at risk, then eviction may be necessary.

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