How to Legally Evict Your Tenant in The UK

Troublesome tenants force landlords to go to the court to enforce eviction and have their property cleared. The process requires time and money but when it’s done properly, it can have your property cleared without any damage.

 

Here’s a quick guide on how to legally evict your tenant in the UK:

Step 1: Send a Notice of Eviction

If you wish to have your property cleared by the end of the fixed term, you have the right to send a Section 21 notice to your tenants. In the scenario that your tenants have failed to live up to the tenancy contract, send a Section 8 notice.

Depending on the tenancy agreement that was signed by all parties, the notice period can be as long 2 months or as short as 2 weeks. That being said, there are exceptions (such as the tenant has been living on the property for less than 6 months, or the property is an HMO but isn’t licensed)  that let landlords evict tenants without giving a notice

To make sure tenants receive the notices, landlords can hire Professional Notice Servers.

Step 2: Ask For a Possession Order

If a tenant refuses to leave the property despite receiving notices, landlords can take them to court and get a Standard Possession Order for the cost of £325.

When you aren’t claiming unpaid rent, you have the option of applying for an Accelerated Possession Order. It will cost you £355 but because it doesn’t involve court hearings, it’s usually quicker.

Landlords will need to go to the County Court and fill out a form. The court will develop an official notice based on the information in the form and send it to the tenants who will then have 14 days to reply. If the tenant happens to be real difficulty, the court will extend the period.

Step 3: Apply For A Warrant

If even after receiving multiple notices, your tenants refuse, you have the right to apply for to the court and obtain a Warrant for Possession. You’ll have to pay £121 to the court for the Warrant for Possession and bailiffs will be sent to your property.

To further expedite the process, you have the option of getting the case transferred to the High Court and let the High Court enforcement officer handle the eviction on your behalf. This can only be done if you claim £600 (which includes court costs).

Wembley Solicitors in London have a team of experienced real estate lawyers that provide assistance with landlord and tenants disputes. Our legal experts can help you push along the eviction process so you can have your property cleared. Call Wembley Solicitors at 02034173700 to get in touch with our team.

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