TM Law Guide to Tenant Eviction

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TM Law Guide to Tenant Eviction

Tenant eviction is a toe-curling topic for any landlord.  But, if you’ve tried mediation, arbitration and every option in-between then the courts become your only viable option.

TM Law Solicitor Terry Maylin provides a 60-second outline of the steps a landlord will need to take to ensure the legal route achieves a successful tenant eviction.

  • Notice: First, ensure that the appropriate notice/s have been served in accordance with the requirements of the tenancy agreement.  This is vital.  If a valid notice has not been served the rest of the process will fail.

 

  • Following the serving of a valid notice, court proceedings can be prepared. As a landlord you can complete the claim form without the help of a specialist solicitor.  But beware – it’s very easy to ‘tick the wrong box’ on the pro-forma sections of the forms.  This will result in a court rejection.

 

The following items are then provided to the court:

  • The claim form,

  • particulars of claim,

  • tenancy agreement/s,

  • tenancy deposit certificate,

  • copy of the notice (referred to above),

  • proof of service of the notice,

  • and finally, the court fee.

 

 

  • Upon receipt the court will issue proceedings. Depending on whether you have applied for accelerated possession or normal possession proceedings you will hear back from the court to say:

 

  • Accelerated possession proceedings, they will have issued and served the proceedings on the tenant. The tenant has 14 days to reply to the claim.  If the tenant does not reply, then a landlord should bring a case and apply for possession in default. The court will then issue a possession order and a date for the tenant to leave the premises.
  • Normal possession proceedings, the court will issue proceedings and serve them on the tenant. The court will fix a hearing dated for the claim to be heard in court. At the court hearing the court will consider whether the tenant has a defence – or not.  This will enable the court to decide to make an order for possession – and a date when the tenant has to leave – or will give directions for both parties to action before a second hearing.

 

If the tenant still fails to leave

In both cases, once a date is set for the tenant to leave – that’s that.  If the tenant fails to comply then a landlord should then instruct the court bailiff to attend and physically remove the tenant.  This takes place at a specified date and time.

Successful tenant eviction

The whole process sounds daunting but is not.

Take care to get each step right as you move through the process and take control of the result.

For the landlords we support that means;

  • a successful tenant eviction,
  • their property back in the shortest time,
  • and usually an order for the tenant to pay any rent arrears that have accrued.

 

For more specialist advice, or for more information on our fixed price possession proceedings contact us at TM LAW.

 

For more helpful information on enforcing a court judgement read our recent blog >>

 

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About TM Law – Specialist landlord and tenant solicitor

Based in Hockley, Essex, TM Law is a small and dedicated solicitors.  With many years’ experience, helping businesses and local individuals with matters of tenancy agreements, Wills and Lasting Power of Attorney, compromise agreements, employment disputes, debt collection, commercial disputes and much more.

As a specialist landlord and tenant solicitors, TM Laws’ knowledge of tenancy agreements, section 8 and section 21 notices, issuance of possession proceedings and rent recovery proceedings is second to none, and their approach is proven to achieve maximum recovery for minimum outlay on behalf of local landlords.

For a personal service, practical advice, quick tenant eviction and recovery of your rent arrears contact us today. We offer a fair, fixed fee service and we’re always happy to help.

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