LONDON TENANT EVICTION SOLICITORS
Established in 1998 Hayat & Co. Solicitors specialise in tenant evictions and disputes and can assist you throughout the eviction process. Our landlord and tenant solicitors provide specialist advice and representation to those involved in difficult housing disputes. We have extensive experience in dealing with all kinds of possession and rent arrear cases. Above all, our landlord and tenant solicitors are committed to listening to your needs and working hard to obtain the best possible outcomes for you.
Our residential eviction specialists are able to offer affordable fixed fees starting from £250.00 no vat is attracted (pre-action letter) so that you will know exactly how much each stage of the eviction process will cost.
To discuss any aspect of our service or to obtain a quote for your case:
Telephone Mr Hayat directly on:
0208 360 4485
or Email: info@hayatandco.co.uk
There are many reasons why you may want to evict a tenant. These can include a failure to pay rent (otherwise known as rent arrears), damaging the property, causing a nuisance or breaching any other aspects of the tenancy agreement or that because you wish to sell or move in to your property.
When evicting a tenant, there are several legal areas to consider for landlords, as well as the possibility for problem tenants to try their own legal defence. Property evictions are never desirable, and they can be very stressful, especially when it begins to impact your life and income. If your tenants are not paying rent, are damaging your property or are not adhering to terms and conditions, you can combat this through the use of section 8, section 21 and other aspects of the landlord tenant act.
1. Rules you must follow
You must follow strict procedures if you want your tenants to leave your property, depending on the type of tenancy agreement and its terms.
You may be guilty of illegally evicting or harassing your tenants if you don’t follow the correct procedures and so obtaining legal advice and help is strongly advised. It’s a crime to harass or try to force your tenants out of a property without following proper procedures. Your tenants might have the right to claim damages through the court if you don’t follow the rules.
What is harassment?
Harassment can be anything you do or don’t do that makes your tenants feel unsafe in the property or forces them to leave.
Harassment can include:
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stopping services, like electricity
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withholding keys – e.g. if there are 2 tenants in a property but you will only give one key
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refusing to carry out repairs
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anti-social behaviour by someone on your behalf eg your friend moves in next door to your tenants and causes problems
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threats and physical violence
Illegal eviction
You may be guilty of illegal eviction if you:
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don’t give your tenants the right amount of notice to leave the property
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change the locks
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evict your tenants without a court order
In England and Wales, if you want your property back because your tenants owe you rent money, you can make a possession claim.
Rules for Assured Short-hold Tenancies (ASTs)
Periodic ASTs
Periodic tenancies run on a week-by-week or month-by-month basis, with no fixed end date. You must follow a set process if your tenants have this type of tenancy.
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You must usually give them ‘notice to quit’.
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If your tenants don’t leave by the date on the notice to quit, send them a ‘notice of intention to seek possession’ – this tells them you’ll apply to the court for a possession order if they don’t leave.
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You can then apply to the court for a possession order, which gives you the right to evict your tenants and take possession of the property.
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If the court gives you a possession order and your tenants still don’t leave, you must apply for a warrant for eviction – this means bailiffs can remove your tenants from the property.
Fixed-term ASTs
Fixed-term tenancies run for a set amount of time. You must give your tenants notice in a certain way if they have a fixed-term tenancy.
If they still refuse to leave, you must follow the same steps as for a periodic tenancy, from step 2.
Your council can take action against you if you evict your tenants illegally.
2. Accelerated possession
You can sometimes use ‘accelerated possession’ to evict tenants in England and Wales. This is quicker than normal eviction and there’s usually no court hearing.
You can only do this if:
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your tenants have a written assured short-hold tenancy or statutory periodic tenancy agreement
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you’ve told your tenants in writing to move out with at least 2 months’ notice
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you haven’t asked your tenants to leave before the end of a fixed-term tenancy
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you put the deposit in a deposit protection scheme if the tenancy started after April 2007
How to apply
When you apply to the court for accelerated possession, the court will send your tenants a copy of the application.
Your tenants have 14 days to challenge the application, from the date they receive it.
A judge will decide whether to:
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issue a possession order, giving you the right to evict your tenants and take possession of the property (this is normally the case)
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have a court hearing (this usually only happens if the paperwork isn’t in order or your tenants raise an important issue)
Even if there’s a hearing, the court can still decide to issue a possession order.
When a judge issues a possession order
Your tenants will normally have 14 or 28 days to leave the property if a judge makes a possession order. A judge could give them up to 42 days if leaving sooner would cause exceptional hardship.
You can use bailiffs to evict your tenants if they don’t leave at this point.
3. Possession hearings
The judge could decide a hearing is needed. At the hearing they might:
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dismiss the court case – no order will be made and the hearing will end
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adjourn the hearing – the hearing will be moved to a later date (this happens if a judge believes a decision can’t be made on the day)
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make an ‘order’ – a judge’s legal decision on what should happen
The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if:
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you haven’t followed the correct procedure
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you or your representative don’t attend the hearing
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your tenants have paid any rent that was owed
Your tenants can stay in your property if the judge dismisses the case. You must restart the court process from the beginning if you still want to evict them.
Orders
The judge can make different kinds of order.
Order for possession (or ‘outright possession order’)
An order for possession means your tenants must leave the property before the date given in the order.
The date will be either 14 or 28 days after the court hearing. If your tenants are in an exceptionally difficult situation, the judge may give them up to 6 weeks.
If your tenants don’t leave your property by the date given, you can ask the court to evict them by asking for a ‘warrant for possession’. If the court gives a warrant, your tenants will be sent an eviction notice with a date when they must leave your property.
Suspended order for possession
A suspended order for possession means your tenants can stay in your property as long as they make the payments, or obey the conditions, set out in the order. You can ask the court to evict them if they don’t make the payments.
Money order
A money order means your tenants must pay you a specified amount. The courts could take action if they don’t make the payments, including:
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deducting money from your tenants’ wages or bank accounts
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sending bailiffs to take away things they own
You can go to court again and ask for a possession order if your tenants get into rent arrears after a money order is made.
Possession orders with a money judgment
A judge can add a money judgment to any of the possession orders. This means your tenants owe a specific amount of money, usually made up of:
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their rent arrears
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court fees
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your legal costs
The money judgment won’t apply if your tenants pay their arrears and the amount set out in a suspended possession order.
However, the money judgment will apply if they don’t pay the amount set out in the suspended possession order that’s linked to the judgment. If they don’t pay, you can ask the court to carry out the instructions in the order and the judgment.
4. Eviction notices
You can ask the court for a ‘warrant for possession’ if your tenants don’t leave your property by the date given in an outright possession order.
If the court gives a warrant, your tenants will be sent an eviction notice that gives a date when they must leave your property.
If your tenants don’t go, bailiffs can evict them. The costs will be added to the money they owe.
Delaying eviction
Your tenants can ask a judge to ‘suspend’ the warrant for possession at a new hearing. The judge could delay the eviction or let your tenants stay in your property if they can make payments again.
The judge won’t automatically agree to suspend the possession warrant.
Changing the payments
If your tenants’ circumstances change, they can ask a judge at a new hearing to change what they pay.
Appealing against the decision
You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.
If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee, unless you qualify for financial help.
