Eviction

Dealing with a difficult tenant can be extremely challenging: they may be in arrears with their rent, misusing the property or creating other types of problems for you and the local community. If the tenant refuses to move out, a landlord must navigate a myriad of laws to bring about a successful eviction, which can mean added anxiety and tension.

The steps to be taken are determined by the type of possession a landlord seeks and the tenancy agreement they have. Failure to adhere exactly to the proper procedures would not only stall the eviction, but could also result in a landlord being ordered to pay his tenant’s legal costs and being charged with harassment.

On the surface, it can appear as if the law is weighted in the tenant’s favour. While it can be highly frustrating and expensive for your asset to be beyond reach, it is important to remember that the law considers depriving someone of their home a very serious matter. As such, judges expect landlords to follow the strict legal guidelines governing evictions and are generally unforgiving if mistakes are made.

AMS Housing has dealt with many evictions (section 21 notice). Aided by our legal team, we act firmly, decisively and lawfully to evict tenants as quickly as possible.

For landlords whose property we fully manage, evictions are part of our service agreement with you. There is no void period for the rent and as soon as we take possession, we make good on any repairs and get the property back on the rental market.

If you are not a regular client, but require eviction support we can still help. Contact us to discuss your case.

1. The quickest form of eviction is ‘accelerated possession’, which can take between 8-12 weeks. However, if you are seeking to reclaim unpaid rent, you should use the ‘standard possession’ procedure.
2. Before any eviction can take place, you must first serve a proper possession notice to your tenant. This must be properly drafted and include the correct notice period. You must wait until the notice period has expired before initiating court proceedings.
3. Make sure you can prove that your section 21 notice was served or your claim could be thrown out of court.
4. It’s imperative you obtain a court order for possession before proceeding to evict. If the tenant still fails to vacate, you must use County Court bailiffs to take possession of your property. It is a criminal offense to do otherwise and you could be tried for harassment.
5. Local authorities will often not re-house a tenant until a possession order has been made against them and the bailiffs have visited.