The eviction process explained
The eviction process explained.
If you need to regain possession of your property, the legal processes can seem confusing – all the jargon, rules, notices, different courts and different applications – but don’t despair. This area is one where we excel. We handle these issues on behalf of landlords every day. Our simple, fixed-fee services will keep you on the right side of the law and get back what’s rightfully yours.
Here’s an explanation of each step. We’ve kept it simple.
Before
Before starting any eviction process, talk to us.
We offer a free-of-charge review of your case, which will identify the best way forward. In just ten minutes, we could make real progress.
If eviction is necessary, we can get the ball rolling right away.
Step 1
This step is when a notice is served on the tenant saying that the landlord is seeking possession of the property. There are two types of notice currently:
- A Section 8 Notice due to rent arrears, nuisance, breach of tenancy or other relevant grounds.
- A Section 21 Notice to end the tenancy agreement – this is often called a no-fault eviction.
For commercial tenancies, the approach is slightly different. We use a special form of notice to quit. We also handle situations where lodgers are involved and where the tenant has abandoned a property.
If the tenant does not vacate the property as required by the Step 1 notice, an application can be made to the court for possession. This is Step 2.
Step 2
There are two types of application for possession. We’ll be happy to advise the most suitable route.
Standard Application
This is most suitable when the court is likely to need explanations – for example, if there are any issues with paperwork or the grounds for eviction are disputed. A tailored application will be made, and the court hearing will need to be attended by the landlord or agent.
Accelerated Application
This can only be used to recover possession of the property. It does not permit any other claim, such as for rent arrears. In most cases, the landlord or agent will not need to attend court.
If the tenant does not leave the property as required by the possession order (or does not return the keys), the next step is to instruct a bailiff. This is Step 3.
Step 3
Landlords are often concerned about an eviction being enforced, but court-approved bailiffs are experienced and highly professional. They will ensure you regain possession.
County Court bailiffs are standard, but bailiffs appointed by the High Court can often achieve more and get results faster. If you have been awarded High Court Transfer, act quickly for the best outcome.
If you can’t attend, our Inclusive service covers the essential next steps – securing the property, changing locks, taking photos and meter readings, and providing a report. We also offer an Ultimate service designed to get your property ready to be marketed within just a few working days.
After Step 3
You’ve got your property back, but you may still be owed money. Rent arrears can be recovered. We do it every day. We can trace those who have “disappeared”, get the courts to issue judgements and apply for orders which recover your money from your former tenant’s current earnings.
As always, we’ll be ready to advise.
