Evicting Your Tenant

Evictions have been very difficult over the years. What landlords and agents fail to realise is that the laws protecting tenants are found across various statutes. Landlords need to ensure they comply with them all.

Since Covid-19, the government has put many different statutory instruments in place to protect tenants. This has meant is has become even more difficult for landlords.

At Adam Bernard Solicitors, we ensure that all members of our team are up to date with the latest legal developments. Our team regularly attends training to facilitate this. Whether your case is straightforward or difficult, make contact with our offices to ensure that you are comprehensively advised on your matter and you stand the best prospect of success.

Never try to evict your tenant without a court order. It is unlawful and you could be prosecuted. Illegal eviction is a criminal offence. To make sure that your actions and approach comply with the law, please visit our offices to be guided through this process seamlessly.

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The first action to be undertaken is to go over the tenancy record. If it is judged to be necessary, the preparation of a section 8 or section 21 notice will demand an additional fee. This can be done by our Section 21 Notice Solicitors at Adam Bernard Solicitors. 

We will check your rental dossier to confirm that all the necessary documents and data have been given to the tenant making sure any notices already issued were done correctly. 

Our Solicitors for Tenant Eviction can draft and provide the necessary notices for service, in accordance with applicable laws and regulations. We will keep track of all dates, report on their progress, and ensure that you are well informed. If requested, we can also serve those notices for you. 

Our Solicitors for Landlords at Adam Bernard Solicitors will submit your claim, inform you of its progress, and provide a copy of the possession order when it is granted. 

In the absence of a defence submission, our Landlord Solicitors are prepared to provide you with an accurate cost proposal tailored to your case’s next steps. Should one be received, we are happy to do the same. 


Overview on Eviction from our Landlord Solicitors  

If a residential tenant has not complied with their tenancy agreement, the landlord may be able to take possession proceedings. This allows them to seek an eviction of the tenant from the property. 

The duties and responsibilities of landlords are in a constant state of flux. As a rule, they should provide tenants with the necessary documents, including: 

  • A copy of the relevant licence (if the property is subject to licencing) 
  • Energy Performance Certificate 
  • An Electrical Installation Condition Report (EICR) 
  • How to Rent Guide 
  • Gas Safety Certificate 
  • Deposit scheme certificate and the prescribed information (if a deposit has been taken) 

If none of the requisite criteria have been met, this can potentially impede or even block you from acquiring a property. Our lawyers are equipped to provide advice on what action needs to be undertaken before issuing a valid notice seeking possession; this comes at a fixed cost of £500 + VAT. 

Once you can legally issue a notice to proceed with possession of a property, Landlord Eviction Solicitors offer fixed rates so that you can plan financially for each phase of the process. 

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Our London based Landlord Solicitors will inform you of any necessary fee and services tha will be undertaken. The fixed fees will include all costs up to and including preparation for the first hearing, such as drafting necessary court papers, liaising with the court and keeping track of/reporting on any approaching deadlines. Additionally, this encompasses arranging representation at the hearing for you, compiling a witness statement and a cost schedule. 

If the first hearing is adjourned due to beyond our control or if the proceedings must proceed further, such as defence being submitted by the tenant, Landlord Lawyers will provide a specific cost estimate for moving forward in your case. 

The final step will be getting a warrant of possession, our Landlord Lawyers will arrange a warrant application to appoint a court bailiff for the possession of the property. Once we have set a date for execution, you must organise a locksmith to be present to change the locks when the bailiff has taken ownership. 

Ordinarily, court fees and advocate fees (for representation at hearings) will be disbursed. Prior to being spent, our Landlord Solicitors will confirm this with you. 

Tenant arrears constitute a great risk to both landlords and tenants. For this reason, it is important for landlords to establish effective rent recovery procedures. It is equally important that they are consistently applied. The timely payment of rent will ensure the stability of the tenancy and help prevent financial difficulties for both tenants and landlords. 

Once the property is yours, Landlord Solicitors can help you reclaim any rent that is overdue, either from your tenant or their guarantor, you can get more information by contacting us to book an appointment with our London based Landlord Solicitors. 

Unlawful eviction is a serious crime. It is an illegal act of forcing someone out of their home without following the due legal process. Unlawful evictions are punishable by the law, and it can be a very serious offence. 

What is the simplest way to remove a tenant is by following eviction procedures? Advice from our Landlord Eviction Solicitors 

The most effective way to reclaim your property is to reach an agreement with the tenant, so they vacate the rental willingly. If this isn’t possible, landlords may need to take additional steps to get their residence back. 

If you wish to evict a tenant, usually the best way forward is to issue them with a section 21 notice. This will initiate the process of applying for a possession order. Our Landlord Solicitors will be able to assist you with this.  

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Our Solicitors for Tenant Eviction explain that unlawfully removing a tenant from their residence without court approval is termed as eviction. 

Our team of Solicitors for Landlords is available to offer advice and aid to a landlord who has been presented with an unlawful eviction suit by one of their tenants. 

At Adam Bernard Solicitors our team of Solicitors for Tenant Eviction offers comprehensive guidance and aid to landlords in order to help avoid or reduce the expenses related to an unlawful eviction. We strive to resolve any issues as quickly as possible. 

Please contact us to book an appointment with our Landlord Solicitors at 02071002525. 

What occurs if a tenant refuses to vacate the premises? Our Landlord Eviction Solicitors’ advice  

If a tenant refuses to vacate after the valid notice period is over, then it is necessary to pursue formal possession proceedings in order to obtain a court order and ultimately evict them. Should your application be successful, the court will grant a possession order. 

If the tenant persists in not vacating, you must then seek a warrant of possession. This will authorise you to request the services of bailiffs to regain control of your property. Moreover, employing High Court enforcement officers may be a faster way of doing so than using county court bailiffs. Our Landlord Solicitors can instruct the bailiff and aid you in this procedure.  

Understand the Section 21 notice: what is it and why use it? Our Landlord Eviction Solicitors’ advice 

This document is a commonly used method of evicting tenants. When looking to get your property back, two of the most usual methods are Section 8 and Section 21 notices. Our Landlord Eviction Solicitors offer advice here on how to go about serving a Section 21 notice, with our team of tenant eviction solicitors on hand. 

This notice is to inform you that the landlord has decided to terminate your tenancy. It is necessary for you to vacate the property by the specified date in this notice. 

A section 21 eviction, sometimes known as a “no fault” eviction, doesn’t require one to give a reason for seeking possession. All that has to be done is ensuring the fixed-term tenancy is over, and that all landlord duties have been fulfilled. </