Tenant eviction solicitors

Our specialist approach to tenant evictions

Executing the eviction of a tenant requires precision, efficiency, and a deep understanding of property laws and regulations. At Stephensons, our team of tenant eviction lawyers takes pride in offering expert guidance and assistance to landlords navigating the eviction process, ensuring successful tenant removal from a property. We always strive to resolve issues amicably, with most of our cases reaching a settlement before court involvement becomes necessary.

Should your case require legal action, we will provide the necessary counsel and support to secure a possession order successfully. Our tenant eviction specialist solicitors boast a remarkable success rate in obtaining possession orders during court proceedings.

Why choose our tenant eviction solicitors

When it comes to evicting tenants from your property, you need a team of experienced, specialist solicitors who understand the intricacies of landlord and tenant law in England and Wales. At Stephensons, we are proud to be the go-to choice for landlords seeking efficient and effective tenant eviction services.

Choosing the right tenant eviction lawyers is crucial to protect your property and interests. With Stephensons, you can be confident that you have a dedicated team of legal experts on your side, working tirelessly to resolve your eviction case efficiently and professionally. Contact us today to discuss your specific needs and let us guide you through the eviction process with expertise and care.

Eviction of residential tenants - possession proceedings 

The legal requirements and obligations for landlords is ever-changing. Typically, landlords must provide the following documents to a tenant:

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

If just one of the requirements has not been met, either before you let a property to a tenant or before you serve a notice seeking possession, this can delay and in some cases prevent you obtaining possession of a property. If you are unsure whether you have a submitted the necessary documents and information to your tenant, our specialist solicitors are able to advise on what action should be taken before you can serve a valid notice seeking possession for a fixed fee of £500 + VAT.

Once you are in a position to serve a valid notice seeking possession, our landlord and tenant specialists are able to offer fixed fees to enable you to budget for each step of the possession process.

Step one: review of the tenancy file and if necessary, prepare section 8 and/or section 21 notice(s) - £500 + VAT

We will review your tenancy file to ensure that all the relevant documents and information has been provided to the tenant to ensure that any notice already served has been done so validly.

If necessary, we will draft and provide the relevant notice(s) for service in the correct forms in accordance with the applicable laws and regulations. We will record and report on all relevant dates and keep you updated throughout the process. We can serve the notice(s) for you, dependent on your requirements.

Step two: issue accelerated section 21 proceedings - £600 + VAT and disbursements*

We will prepare and submit your claim for possession at court, keeping you updated throughout the process and provide a copy of the order of possession once secured.

This is based on there being no defence submitted in response to your claim. If a defence is received, our specialists will provide you with a clear cost estimate going forwards tailored to the next steps in your case.

Issue possession proceedings (section 8 proceedings) - £900 + VAT and disbursements*

We will draft and issue the required court documents. We will liaise with the court and record and report on all upcoming deadlines. This fee includes all costs up to and including preparation for the first hearing which covers the preparation of a witness statement, a cost schedule and arranging representation at the hearing for you.

If the first hearing is adjourned for reasons beyond our control or the proceedings continue beyond a first hearing (for example, if a defence is submitted by the tenant), we will provide you with a clear cost estimate going forwards tailored to the next steps in your case.

Step three: application for a warrant of possession - £300 + VAT and disbursements*

We will prepare and issue the warrant application required to arrange an appointment for the court bailiff to secure possession of the property for you. Once a date for the warrant to be executed has been set, you will be required to arrange for a locksmith to attend the property to change the locks once possession has been secured by the bailiff.

*Disbursements are ordinarily court fees and advocate fees (for representation at hearings). Disbursements will be agreed with you before they are incurred.

Do you need a solicitor to evict a tenant? 

While it’s not legally required to have a solicitor to evict a tenant, it is highly advisable. The eviction process involves strict legal procedures, and any mistakes can lead to delays, additional costs, or even dismissal of your case in court. A solicitor can ensure that all notices are correctly served, paperwork is properly prepared, and legal requirements are fully met, reducing the risk of complications. Their expertise is particularly valuable if the eviction becomes contested or requires court action.

What is the easiest way to evict a tenant?

The easiest way to evict a tenant is to serve a Section 21 notice, which doesn't require you to provide a reason for eviction. This notice is typically used at the end of a fixed-term tenancy or during a periodic tenancy.

Ensure the notice is correctly served with at least two months' notice, and all legal requirements are met (e.g., deposit protection, providing required documents). If the tenant doesn't leave, you can apply for a possession order through the court. Engaging a solicitor can help ensure the process is handled smoothly and legally.

What to do if a tenant refuses to leave?

If a tenant refuses to leave after being served an eviction notice, you should take the following steps:

1. Review the notice: Ensure the eviction notice was correctly served and all legal requirements were met.
2. Communicate: Attempt to discuss the situation with the tenant to reach a voluntary agreement.
3. Seek a possession order: If the tenant still refuses to vacate, apply to the court for a possession order.
4. Enforce the order: If granted, you may need to request bailiffs to enforce the eviction.

Consulting a solicitor is advisable to navigate this process effectively.

How long does it take to get a tenant evicted? 

The time it takes to evict a tenant in the UK typically ranges from four to six months. This timeline includes serving the eviction notice, waiting for the notice period to expire, applying for a possession order, and potentially enforcing the eviction through court bailiffs. The exact duration can vary depending on factors such as court availability, the tenant's response, and whether the eviction is contested. Engaging a solicitor can help streamline the process and avoid delays.

Rent recovery

Once you have secured possession of the property, our specialists are also able to assist in recovering rent arrears against either the tenant or a guarantor - Find out more.

Unlawful eviction

 Unlawful eviction is the removal of a tenant from a property without a court order.

 Our team of specialists can provide advice and assistance to a landlord if faced with an unlawful eviction claim by a tenant.

 At Stephensons we provide complete advice and assistance to landlords to help prevent or minimise the cost of a claim for unlawful eviction seeking to help solve the problem at the earliest possible point.

To arrange a consultation call us on 01616 966 229 or complete our online enquiry form and a member of the team will contact you directly.

Section 21 notices

A section 21 notice is a "no-fault" eviction tool, allowing landlords to regain possession of their property without citing specific tenant wrongdoing. It’s commonly used at the end of a fixed-term tenancy or during a periodic tenancy.

Advantages:

• Simplicity: No need to prove tenant fault, making it straightforward.
• Flexibility: Can be used at the end of a tenancy term.
• Predictability: Generally less likely to be contested by the tenant.

Disadvantages:

• Restrictions: Cannot be used during the fixed term.
• Strict compliance: Must meet all legal requirements (e.g., deposit protection, valid notice period).
• Limited use: Cannot be used in cases of serious tenant misconduct during the tenancy term.

How we can help

At Stephensons, we will ensure your section 21 notice is legally compliant and correctly served. Our team will guide you through the process, from drafting the notice to managing any complications that arise, reducing the risk of delays or disputes. If the tenant does not vacate after the notice period, we can assist with obtaining a possession order through the court.

Section 8 notices

A section 8 notice is used when a tenant breaches the terms of the tenancy agreement, such as failing to pay rent, causing damage, or engaging in antisocial behaviour. The notice must specify the grounds for eviction, which are listed under the Housing Act 1988.

Advantages:

• Early action: Allows eviction during the fixed term if the tenant breaches the agreement.
• Multiple grounds: Can be used for a variety of breaches, offering flexibility.
• Possibility of recovering costs: The court may order the tenant to  damages (e.g., any rent arrears) or costs.

Disadvantages:

• Contentious: Tenants may contest the notice, leading to a potentially lengthy court process.
• Proof required: The landlord must provide evidence to support the grounds for eviction.
• Uncertain outcome: Success depends on the strength of the evidence and the court’s discretion.

How we can help

At Stephensons, we offer comprehensive support in drafting and serving section 8 notices, ensuring the grounds for eviction are clearly articulated and supported by evidence. We represent you in any court proceedings, presenting a strong case to maximise your chances of a favourable outcome. Our solicitors are experienced in handling contested evictions, helping you navigate the complexities and protecting your property rights.