Are you a landlord who wishes to recover your property from a tenant? Is the tenant refusing to vacate the property? Our expert Landlord Solicitors can help you commence possession proceedings.
Recovering property from a tenant can have many legal pitfalls, and it is vitally important that the landlord follows all of the correct procedures. Failure to follow all of the correct legal processes may prevent you from recovering the property and may even lead to a claim against you for unlawful eviction.
The expert team at Smooth Commercial Law can assist landlords in possession proceedings and evictions. Our Liverpool, Manchester and St Helens team can help save you time and expense, and ensure you do not fall into any of the legal pitfalls that evicting a tenant might bring.
How do I serve notice to my tenant?
The first step is notifying your tenant that you would like them to leave your property. To do this, you will need to serve them either a Section 21 or Section 8 notice under the Housing Act 1988.
Section 21 – Landlords serve this is to give “notice of possession” to a tenant after the end of fixed-term tenancy agreement, or to trigger an agreed break clause. You do not have to provide any reason to claim possession when you are serving a valid Section 21 Notice.
Section 8 - This is served when a landlord has actual grounds for eviction, not just at the end of a tenancy agreement. For example, the tenant has not paid rent, has damaged the property, or is generally causing a nuisance. In this case, you can end the tenancy agreement during its fixed term if the tenant has breached the tenancy agreement. The tenant may dispute this, leading to court, meaning you will need evidence of any wrongdoing.
Which notice you serve will depend entirely on your individual circumstances. Our Landlord solicitors will be able to guide you through this process.
Both Section 21 and Section 8 notices have distinct legal procedures that must be followed. If they are not you may not be able to evict the tenant. For example, a Section 21 can only be served after giving the tenant two months’ notice, and a Section 8 can only be served provided there are grounds for evictions.
Our team can discuss your options and the best possible plan of action for your individual case.
What is a possession order?
If you have served your tenant an eviction notice and they are refusing to leave, you can take further action using possession orders.
If you have served a Section 21 notice, there is a written tenancy agreement, and you are not claiming any unpaid rent, you can use what is called an Accelerated Possession Order. The benefits of this possession order is that it is quicker than a normal eviction and can usually be carried out without the need of a Court hearing.
Please remember that fixed-term tenants cannot be evicted until their tenancy ends.
A Standard Possession Order can be served if you have used a Section 8 notice, or if you want to recover your property and claim rent arrears from the tenant. Standard possession claims allow you to remove a tenant if they are in breach of a tenancy agreement.
Standard possession orders are a little more complex than accelerated possession order. They can take more time, but it helps you get two things from the tenant – your property and any unpaid rent.
Again, both Orders have specific legal procedures and timings. We would advise getting in touch with our expert Eviction Solicitors to discuss your next steps.
How can Smooth Commercial Law help?
If you are a landlord and need helping evicting a tenant legally, our Landlord Solicitors are on-hand to assist. Our Liverpool, Manchester and St Helens Landlord Solicitors can guide you through the process, ensuring that everything is done according to the rules and regulations.
Our Liverpool, Manchester, and St Helens team can assist landlords with legal advice and information regarding possession orders and evictions. We have years of experience in helping landlords with various complex legal issues.
To arrange a free initial consultation in relation to possession orders and evictions with our Liverpool, Manchester, St Helens, and North West Solicitors, you can call 0800 046 9976 or get in touch via a contact form on this page.