Best Practice Guide To Tenant Eviction
The Landlord Action Best Practice Guide To Tenant Eviction.
I was recently asked by www.mydeposits.co.uk to compile a step by step guide to the eviction process. We hope you find it useful and informative.
As a landlord there are a number of reasons why you may need to seek possession of your property from your tenants, and while it is often the last resort, the process can be concerning and stressful for everyone affected.
What’s the best way?
There are specific steps you must take in order to regain possession of your property legally, and if your tenants have signed an Assured Shorthold Tenancy (AST), you have two options
Serving a section 21 (S21) notice, or
Serving a section 8 (S8) notice
Which notice should I serve?
You should use S21 if you simply require your property back at, or after, the expiry of the tenancy. Providing you’ve served the S21 notice to your tenants, it should be fairly straight forward and there’s no need for a court hearing either, so it’s the quickest way.
You should use S8 if your tenants have breached the terms of the tenancy – such as falling behind on rent (rent arrears). However, this route is lengthier than using S21 and you could encounter more complications as your tenants are able to defend it during court proceedings.
It is a tricky situation so, to help, mydeposits has created a new best practice guide in partnership with us
It gives you a start to finish account of how to gain possession of your property quickly and legally depending on your circumstances, and offers advice on:
How to go about regaining possession during or at the end of the tenancy
What to expect during the process and how to prepare for any complications you may encounter along the way
What to do if your tenants fail to vacate the property after being ordered to leave by the courts
Don’t get caught out
Remember, when signing a tenancy agreement you’re giving your tenant the legal right to reside in your property and you’re not entitled to the property back without first serving a correct notice.
So make sure you read the guide and prepare as you never know when you might need to go about gaining possession of your property.
Precise Treatment Reduces Pain
Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.
Serving a notice is actually the most important part of the possession process.
It isn’t complicated but one tiny error can cause dreadful problems.
That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.
1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.
2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.
3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.
Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.
Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.
If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.
Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.
As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.
You can speed things up – give us accurate information quickly. Help us to help you.
There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!
If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.
We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.
If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.
Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.
If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.
If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.
Fast Action Reduces Pain
Main objective: get the property back.
Best action: very precise treatment.
We’ve been doing this since 1999. We know it’s all about the detail. Detail needs experts. Expert time is worth it when it saves you a costly mistake.
Since 1999 we have acted in over 32,000 Instructions.