Landlords and Agents risk becoming tenants of Her Majesty.

Landlords and Agents risk becoming tenants of Her Majesty.

New Immigration Act comes into operation on December 1st. An unlimited fine or up to 5 years imprisonment can be imposed on Landlords who rent to someone who doesn’t have a right to rent and on agents who don’t tell the landlord of the tenant’s right to rent.

How to evict a tenant who doesn’t have the right to rent.

The Risky Solution
As the occupiers do not have the right to rent, you could argue that they therefore do not have any of the rights afforded to tenants under the Protection from Eviction Act 1977. So, if the landlord can avoid violence, force and threats the landlord could arguably just change the locks. Maybe when the tenants are out. The problem is, this is just an argument. It hasn’t been tested in law so that’s why we say it’s risky.

The 28-day Procedure
If a landlord receives a notice from the Secretary of State that a tenant does not have the right to rent, the landlord can use a new prescribed form, served along with a copy of the notification. Once the 28 day notice period has expired, the notice can be used like a Court Order to get the High Court Sheriffs to evict.

The new Section-8 Grounds
The Section-8 procedure remains unchanged but there is a new Section-8 mandatory ground to be used if one joint tenant does not have a right to rent. It could be that the Judge, instead of granting possession, orders the tenancy agreement is changed by removing the offending tenant. So the landlord might not always get possession, but at least the landlord wouldn’t face criminal proceedings.

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.

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