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landlord lawyer

Section 21 Eviction Process

A landlord has all the rights to repossess their property anytime they’re unhappy with a tenant or when the tenancy period ends. The laws provide a legal guideline that the landlord must use when evicting the tenants from their property. Issuing a valid section 21 notice is one of the essential steps the landowner should take. The law protects all the tenants’ rights during this period, allowing for a smooth lawful eviction process. This article describes the section 21 eviction process.

  1. Notice

The landlord needs to offer the tenant a section 21 notice, which must be on Form 6A. Because of the effects of the coronavirus, the notice period has changed, but two, three, or four months are the most common periods. The agent or landlord will provide the section 21 notice on the following circumstances:

● When there’s a break clause on the fixed term contract

● During a rolling periodic tenancy

While providing the notice, the landlord needs to protect the tenant’s deposit and provide a gas safety certificate. The notice will provide the date when the tenant needs to leave the house. However, the landlord doesn’t need to provide reasons why he needs the tenant to leave. For this notice to be valid, the landlord needs to deliver it after 29 August.

  1. Court action

If the tenant stays in the house past the date the notice provides, then the landlord can apply for the possession order. A landlord can use the accelerated procedure to allow a faster hearing of the case. The landlord needs to provide the information about the eviction; then, the judge can decide whether the case will need a hearing. The court will only stop the eviction if the section 21 notice is faulty. The court process may take several weeks or months; the duration will vary due to;

● If the case needs several hearings

● How swift the landlord takes action

● Activities in the courts, it may take longer if the court has many cases to deal with.

  1. Bailiffs

Only the court bailiffs can evict a tenant from the home or house. The landlord must apply for the bailiffs if the tenant stays in the house past the possession order date. The bailiffs might be from the high court enforcement team or county court bailiffs. The time the bailiffs may take to evict a tenant from the house will solemnly depend on the type of bailiffs the landlords use. Additionally, the activities the bailiffs engage in will also determine the period of eviction. Averagely the process may take seven to ten weeks; the period might be less if the landlord uses the high court enforcement team. The bailiffs provide the tenants with a notice of at least two weeks before the eviction date.

To sum it up

It’s essential to follow the legal process when a landlord or agent wants to evict a tenant from the house or home. The section 21 eviction process provides the best legal option of evicting a tenant from the home or house. The process ensures a swift eviction procedure, safeguarding all the tenant’s rights and ensuring the landlord repossesses the house.

Categories
landlord lawyer

Court eviction process

Landlords are investing a large amount of money to purchase their property and maintain it. To maximize the returns on their investment, the landlords are usually renting out their property to tenants for residential or business purposes. The tenants are supposed to pay a monthly rent, maintain the property and vacate it at the end of the lease period. In some cases, the tenant does not pay the agreed rent on time. In other cases, he does not vacate it at the end of the lease period. Landlords who wish to get the tenant legally evicted from their property would like to find out more about the court eviction process to get rid of their non-paying or overstaying tenant.

Eviction cause

There are many reasons why a landlord wishes to evict a tenant from his property like

end of the lease period, and landlord may wish to sell the property, use it himself

– tenant is not paying the monthly rent

– property is being damaged by the tenant

– other complaints about the tenant

If the tenant refuses to vacate the property despite requesting personally and otherwise, the property owner should send a notice to the tenant in writing and keep proof that the notice was served to him. If tenant does not vacate the property despite sending notices, the only legal option available for the landlord for evicting the tenant is getting a court order for possession of the property.

Process of court eviction

The steps in the process of court eviction are

– send notices to the tenant to vacate the property after the end of the rental period and keep records that the tenant has received the notices

– inform the court that the tenant is not vacating the property despite sending notices

– get a court order for possession of the property

– the tenant will then get 14 days after receiving the court order to vacate the property

– if the tenant does not vacate the property after 14 days, the bailiff on behalf of the court may force the tenant to vacate.

Legal help

The process of evicting tenants from a property is fairly complicated, and has legal implications. Hence it is advisable to hire the services of reputed and experienced lawyers like landlord lawyers who are aware of all the legal procedures involved and can help their client get rid of unwanted tenants quickly and easily. The lawyers have provided their eviction services for all kinds of clients ranging from private landlords having only one property, to letting agents, managing a large number of rental properties.

Legal eviction services

The legal eviction services offered to landlords are

– drafting the notices to the tenant asking them to vacate the property

– getting and preserve proof that the tenant has received the notice

– recovering rental arrears

– ensuring that the client has the documents required to get a court order for possession of the property.

– coordinating with the court bailiff to get the property vacated.

Problematic tenants can cause losses to the landlord, hence it is advisable to get them evicted at the earliest.