Tenant Eviction

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Tenant EvictionTenant Eviction is a process which several landlords under-estimate.

Some people will tell you that evicting tenants is simple, “oh just issue a section 21 notice or a section 8 notice” are words often spoken at landlords gatherings and on our internet forums.

Well, perhaps it is easy when you know how, and especially when you have the model tenant. However, I have been a landlord since 1989 and I know that tenants don’t always leave when you would like them to!

If you serve notice and your tenants don’t leave that’s when the problems really start.

Even after all these years the jargon still bamboozles me from time to time.

I still have to check which type of section 21 notice to serve depending on whether the tenancy is within the fixed term or has gone statutory periodic. I then need to check what the correct date of service is and make certain that I’ve served deposit protection certificates and prescribed information properly and that’s a minefield if ever there was one. Don’t even get me started on the varying grounds for service of section 8 notices! And all of that is before you can even apply for a possession order in Court!!!

Bamboozled already?

Well it’s hardly surprising that so many tenancy evictions fail at Court. I could write war and peace here on all of the areas where things go wrong but I will leave that to the regulars on our property form.

The reality of the situation is that if you want to recover possession of your property quickly you are probably going to need some professional help.

Landlord Associations are very well meaning and there are thousands of companies advertising on the internet who will be pleased to help you complete the required forms for a small fee. The bottom line though is that it will still be YOU serving the papers and the well meaning souls advising you might not have thought to ask you every question to identify the areas which might catch you out.

There is only one company I know of which has successfully evicted over 20,000 tenants. They operate a fixed fee service and they handle the entire process. They even have in house solicitors to check every detail and process all of the Court papers for you. They have been in business since 1999 and over 210,000 calls have been received on their free landlords helpline.

Chances are, you will have great tenants and will never need to evict them. They will respect your property, pay the rent and respect their neighbours. However, very occasionally, things go wrong, no matter how diligent you have been in terms of referencing.  Bad tenants often ignore or dispute whatever type of eviction notices you use. You might even be in that position now?

Evicting TenantsSome tenants need a little more persuasion to leave!

It’s not just bad tenants who need to be evicted in a timely manner either. You may want to sell your property or move back into it. The last thing you want is to lose a sale or be homeless yourself because your tenants refuse to move out when you want them to, and believe me, it does happen, and when it does some tenants will use every trick in the book to retain possession.

I learned all about tenant eviction the hard way, it took me 18 months of grief and no rent to get rid of my tenant from hell.

I wish I had known Landlord Action back then as their fixed fee service would have saved me thousands!

For an introduction and opportunity for a free confidential initial chat with one of their tenant eviction specialists please complete the short form below.

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.

 

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Comments

  • Paul Barrett Member Profile Deleted says:

    I think as a major property web site operator and very experienced LL your words of wisdom are a salutary warning to LL who think they are too clever by half!!
    Tenants are becoming a lot wiser than some LL and know how to work the system to the LL disadvantage!
    I was like those LL you quoted; I didn’t think I knew it all; I just believed you could evict a tenant after 2 months!!
    If only I had known about LL Action back then; I would have saved myself hundreds of thousands!!
    I would suggest to ANY LL who has never carried out an eviction to let someone like LL Action to do one for you.
    For the LL to have sight of ALL the documents and then the next eviction they could try on their own.
    Of course it all depends on the circumstances of the eviction which can be different.
    I have done my own evictions; but on reflection; even though nobody could have done my evictions any quicker, I had to do all the donkey work!!
    Given the situation again I think I would just pay LL Action to do it all for me and then I can put me feet up in front of the telly knowing I have a competent organisation carrying out my requirements!
    I reckon if I priced up the time I spent doing all the boring paperwork at say £15 ph I would have spent fortunes paying myself!
    LL Action would have been a lot cheaper!!!
    Not even factoring in all the hassle and stress it causes; when you are doing complex legal actions which you have no experience of.
    LL Action can do this stuff in their sleep!………………not so your average LL!
    I don’t think you can compare LL Action and the service they provide with your Claims management companies; pursuing PPI etc.
    LL Action are offering a bespoke possession service of which most LL don’t really know all the ins and outs of.
    I can see why such a service as LL Action would greatly assist a LL in timely recovery of a property.
    This because invariably no rent is being paid and the LL is put into severe financial detriment.
    Paying a company like LL Action to recover the property to be able to let it out again ASAP is the bare minimum a LL needs to maintain viability of that property.
    I think paying LL Action do get rid of a tenant who is NOT paying rent; quickly is the bare minimum a LL needs to consider to enable him to manage his business!


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  • I recently asked Mark to submit my article on this subject, and there were a lot of LL leaving coments.
    My article was written because I hoped some sort of action could be taken to force the law makers to change their rule on evictions.

    If a tenant is given 2 months notice to leave because they are in breach of their tenancy agreement, they should leave or be classed as squaters and evicted by the police.

    If councils advise tenants to stay (which they do) untill the bailiffs come knocking the should have to pay all outstanding rent due from the tenant, and court fees paid by the LL.

    my tenants were told by the council that if they left before getting a court order to leave or the bailiff’s letter that they (the council) had no care opf duty to help house the wrongun tenant. My view is if the tenant stops paying the rent and fails to make matter right after a warning, i issue a sec 21 and they leave because they have made themselves homeless.

    In my case it was a sec 21 with 10 weeks notice, they were told to stay and wait on the court. 4-5 weeks later a court ORDER was issued giving another 6 weeks to leave. They still stayed put as the council could offer them nothing. SO ignore a Court Order to leave no probs, they weren’t fined or put in prison. Apply to the bailiffs the tenant was sent a letter TO SAY what date the bailiffs would arrive in about 6 weeks time. Why don’t they just turn up without warning, throw out the people, take their old car, flat screen tv etc to pay for the court and bailiff fees, and lose of rent the LL has endured.

    With the bailiffs date fast approaching the council were able to rehouse these people before the due date, so no seasior of property. So not much chance of recouping fees or rent, from people who live off the system and are unemployed.

    The law needs to be changed. Read my post, although it sounds funny it was a nightmare and very stresfull time as all I could do was wait for court letters with no time frame to work to.


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  • Reply to the comment left by ” ” at “01/05/2013 – 19:45″:

    Hi Ricardo

    Your case must be very frustrating and I have total sympathy for you, we have seen a 20% rise of section 21 accelerated possessions in the last 6 months, there were 42,000 accerelereated possession orders granted nationwide in the last quarter a massive rise.

    With advice being given to stay at the property, until a possession order being granted, orders will continue to rise in section 21 cases.

    Watch on Thursday night bb1, at 10.35 Meet the Landlords, I have a case featured like yours , accelerated, but rent arrears were 16k.

    Paul shamplina


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  • I’ve done a section 21, obtained a Possession order and paid for the courts to send in the bailiffs. It took 5 months 1 day from Section 21 issue to regaining the property.

    As long as you talk it through with others that have done it then it should be straight forward. I had a friend who does 6 per month so its pretty routine stuff.

    Happy to go into detail if anyone wants me to.
    Allan.


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  • I have been considering on serving an eviction notice thru the legal channels. You do need to consider the cost implications – in some case almost better to pay them to go! heaven forbid!! Once notice is served they generally will stop paying so by now you may be 4 months in, then you may have to go to court a further couple of months, next bailiffs – this could then take you up to Year end which as landlords know is a bad time to find a new tenant – you will then need to do remedial work and refresh the property, then pay a finders fee to a letting agent! Plus pay legal fees! Subject to the property worse case it could actually cost you £15k to evict someone – when maybe you have another option. Always best to find the very best tenants you can – and have good communication channels, make sure you do all the nitty gritty maintenance stuff – and reduce your risk of evictions. Although in the real world every now and then it is reality!
    But I would advise anyone to do the sums! as once payment stops – monies will be transferred elsewhere! and you often have no chance of any recovery – even with the AST in place! It is an unpleasant procedure and you do need to budget for it as it’s not all roses!


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  • IMO unless the Supreme Court say anything to the contrary the LA is on a sticky wicket by telling Ts subject to benefit cap to remain until bailiffs arrive. See para 53 of divisional court and paras 78-81 of court of appeal in R(JS and Othrs) v SSWP.


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