Tenant Eviction Services
During the course of being a landlord you will at some point find yourself in a position where you wish to end a tenancy. The tenant may be in arrears with their rent, may be in breach of the agreement, they could be a ‘difficult tenant’ or just because you wish to get vacant possession of the property. Whatever the reason, there is a process you need to follow to abide by the law. An unlawful eviction is not only a civil matter it is also considered to be a criminal offence and can have serious consequences for the landlord. Ensuring you take the correct course of action is very important, otherwise you may find yourself in a position where errors have been made which may cost you in more ways than expected. Our services cover claims made in England and Wales only.
Accelerated Possession Procedure (Section 21)
These proceedings are referred to as non-fault based or accelerated possession proceedings. Suitable if you are looking to evict your tenant without reclaiming any rent arrears or for any other non-fault based reason. With accelerated proceedings there is [usually] no court hearing which you are required to attend. A hearing may be listed if the court wanted further clarification on your paperwork or if the tenant files a defence in which may bring the paperwork filed into question or if they request further time (maximum up to an extra 28 days) to vacate due to exceptional circumstances.
The tenant cannot be evicted before the end of their tenancy but you can issue a Section 21 notice prior to inform the tenant you will not be renewing the agreement and wish them to leave at the end (subject to the correct notice and period being given). If the tenant is already in a periodic agreement (current tenancy agreement has ended and no new one has been issued but you have continued the tenancy on the same terms) a section 21 notice can be served but the duration of the notice period will differ depending on the terms of the tenancy agreement.
Our service can only be used if:-
- Its an assured shorthold tenancy commencing on/after 28 February 1997
- You have a copy of the first (and most recent if have been renewals) tenancy agreement
- Any deposit taken has been dealt with correctly under Deposit Protection Scheme rules (or a remedy provided) and have a copy of the documents. We can help you to provide a remedy to any deposit breach to allow you to evict the tenant
- You have a copy of the HMO license (or submitted and acknowledged application) if applicable
- You have a copy of the Part 3 Housing Act 2004 license (or submitted and acknowledged application) if applicable
- If you reside overseas you have an address in the UK in which can be used as a correspondence address
- You have complied with the new rules imposed on tenancies created on or after 01 October 2015.
How to get started
1. Call us or fill out the call me back form above and we will explain the process.
2. We take your information and get documents from you and check it over and let you know if you can proceed.
3. You instruct us … and we get started immediately!!!
What if you do not have all of the above documents?
You will need to look at the other routes for possession
What about the rent arrears?
This process is just for gaining possession of the property but you can if suitable file a money claim alongside the possession proceedings for rent arrears. You can do this via the court Money Claim Online system.
FIXED FEE £60.00
FIXED FEE £180.00*
Court Fee of £355 payable
FIXED FEE £60.00
Court Fee of £121 payable
Court Fees’s are not included in our fixed fee and are payable directly to the court (Stage 1 £0 , Stage 2 £355, Stage 3 £121).
Stage 2 has two fee options – Digital or Posted:
- Option 1 Fee £180.00 – Digital copy of the full set of claim packs. We prepare a full digital (pdf) copy of the claim packs (for each party) and cover letter for court with checklist ready for you to download, print, staple relevant pages together, separate into correct packs for each party and sign all relevant pages (there will usually be at least 50-100 pages) – we provide written instructions on how to do this. Not recommended for those without any previous experience of possession claims.
- Option 2 Fee £210.00 – Posted copy of the full set of claim packs. We prepare the full set of claim packs, print them, package in correct order and post to you with tabs indicating where you are to sign. Recommended for those with little or no experience with possession claims.