At Francis Wilks & Jones we can guide through every step of the three-stage eviction process.
If the tenants refuse to leave of their own free will, the first step will be for the landlord to serve a written notice on the tenant informing them that they are seeking possession of the property. This will be in the form of a Section 8 or Section 21 Notice. It is important to use the correct form of Notice and important to include the correct information, as if the Notice is not valid, this could prevent the landlord from obtaining possession until the Notice is rectified.
The Section 8 and Section 21 Notices will normally give the tenant a date on which they should vacate the property If they refuse to do so, the next stage of the eviction process is for the landlord to issue court possession proceedings.
Click here to read our articles about Section 8 and Section 21 notices.
Depending on the remedy you are seeking and the type of occupiers you have in your property, possession proceedings can be loosely broken down as follows:
- Standard possession proceedings
- Accelerated possession proceedings
- Claims against trespassers
If a landlord is simply seeking to recover possession of his property and no other remedy (Such as rent arrears), they may use the accelerated possession procedure. They have to ensure however that they have complied with certain requirements before being able to use this procedure.
In the majority of cases, the landlord will not only be seeking the possession of their property, but also rent arrears. In this instance, they need to use the standard possession procedure.
If trespassers have taken over your property, a landlord can use a special procedure for these types of claims. In these instances, it is not necessary for landlords to serve the Section 8 or Section 21 Notices and they landlord can go straight to the possession proceedings and a court hearing will normally be set much quicker.
Click here to read our articles about possession proceedings.
Enforcement of possession
A possession order will tell your tenants that they must leave the property by a certain date. However, some tenants will still refuse to vacate the property on or before that date.
If they do not leave the property, then you will need to enforce the possession order by instructing court bailiffs to evict them from the property.
The bailiffs will make an appointment to attend the property and have the ability to evict anyone they find at the property on the day of the eviction.
Landlords should then secure the property by changing locks, so that the old tenants are unable to re-enter.
Click here to read our articles about enforcement of possession.
The process for evicting tenants in England and Wales depends upon a number of factors and it is important to get the process correct as otherwise a court will not grant a possession order and not only will you be left with paying legal costs, but will also have to start the process all over again.
If you do not follow the correct procedures, you could face a claim against you by the tenants for unlawful eviction and end up paying them damages.
The eviction process will largely depend on the type of tenancy agreement that your tenants have, how long they have been tenants, whether there are any arrears of rent or other breaches of the tenancy agreement and how quickly you want your property back.
The majority of tenancy agreements in England and Wales are assured shorthold tenancy agreements which provide tenants with various rights and remedies, whilst also giving landlords various rights in recovering possession of their properties at the end of the tenancy or if the tenant breaches the tenancy agreement.
The eviction process is rarely straightforward and it is important to follow the correct procedure so that you can recover possession of your property as soon as possible. Any delays can lead to further loss of rent or further damage to your property, together with a lost opportunity to re-rent the property to new tenants.
Click here to read our useful information for landlords articles.
Contact an expert possession claims solicitor now
Our expert team of possession claims solicitors at Francis Wilks & Jones are here to help you with any type of possession claims enquiry or question. Contact one of our team of expert friendly possession claims lawyers now for your free and confidential possession claims consultation. Whatever your possession claims requirements, we are the experts to help you. Call us now. Let us help.