St Albans 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.

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Evicting tenants in St Albans, 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 St Albans 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.

What are the situations in which landlords can 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?
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.

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

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.

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

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.

Our eviction lawyers in St Albans 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.

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