How to evict bad tenants? The quickest way to remove your tenant
Our expert team of tenant eviction specialists have vast experience in providing legal services to letting agents and private landlords, and can assist you and offer expert advice
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If your tenant owes you money, ask Landlords Lawyer for help. We’re in the home relocation business —by which I mean we evict tenants! Take the hassle out of a bad situation and let the professionals deal with it. We will serve the correct notice, assist and advise you with the proceedings.
We’re certain you’ve all heard unspeakably outlandish and shocking stories of nightmare tenants from friends, family or even in the news. Here at Landlords Lawyer we’ve heard and seen more than most. From the shocking to the vaguely absurd, we’ve helped landlord’s with all types of problem tenants.
- The Tenancy Agreement must be an Assured Short hold.
- The Section 21 Notice must be for at least 2 months.
- If the property requires a license then evidence of the license must be provided.
- The deposit has been protected and Prescribed information has been served.
IF YOU ARE UNSURE ABOUT ANY OF THE POINTS ABOVE OR HAVE FAILED TO COMPLY WITH THE RELEVANT LAWS, PLEASE CALL US TO DISCUSS POSSIBLE SOLUTIONS.
If the tenancy began after 1st October 2016, you must have served a valid Gas Safety Certiﬁcate and Energy Performance Certiﬁcate on the Tenant before serving a Section 21 Notice.
If You rented to a company then they will not have an Assured Short hold Tenancy and we will need to serve a Notice to Quit. This is a 28 day notice and can also be used for any type of breach of contract.
If the tenant has stopped paying the rent or has breached the contract, then a Section 8 Notice can be used, you need to be aware that there will always be a hearing.
What happens after the notice
In order to prove your case you will require evidence such as rent statements. (if the tenant is in rent arrears), witness statement if the tenant is subletting and so forth.
Hearings are usually less than 10 mins long because in most cases they are undefended, should they become defended they are likely to be adjourned and relisted for a longer time with directions on how the case is to be conducted. Mostly when these hearings become defended it is because the tenant is claiming disrepair.
Once you obtain a possession order the tenant is most likely to only be given 14 days to vacate the property.
If the Tenant won’t leave
You cannot guarantee that the tenant will leave on the possession date.
Do not just turn up at the property and change the locks, if you do you could be arrested under the Prevention of Eviction Act 1977. Tenant still has rights to the property
You must appoint a bailiff.
County Court bailiﬀ can take 4-10 weeks to attend and sometimes the day before the eviction the Tenant may try and make an application to court for more time.
You may wish to appoint the High Court Enforcement officers to do the eviction. This can only be done if the County Court has agreed that the matter can be transferred up to the High Court.