Landlord Services
Expert Housing Law Advice & Representation
Whether you have a troublesome Tenant failing to pay their Rent, have been left with damage to your Property at the end of a Tenancy, or any number of other issues that Landlords face, our expert Housing Law Solicitors can help.
Landlord Services
With Over 25 years of experience, we are expert Solicitors in Housing Law offering FIXED FEE service for Landlords.
If you are looking for an eviction solicitor who will get you the right result, speak directly with our Principal Solicitor for free initial advice. We can help you today.
No call centres or inexperienced legal advisers.
- Unlimited time to discuss your matter with an experienced Solicitor
- Fixed fee service with transparent costs
- Option to pay in stages
Evicting Tenants from your property?
If you want a Tenant to leave your residential property, you must follow strict rules and procedures as set out by the Law. Failure to do so could cause a delay, be very expensive for you- the Landlord, or, indeed, you may be subject to Criminal Prosecution.
Failure to evict a Tenant without a Court Order, inadequate Notice or by simply changing the locks are all examples of illegal eviction and could land you in deep trouble.
A Tenant can, also, claim significant damages if the correct rules and procedures are not followed.
If you need housing law help and advice, contact us immediately.
What is Tenant Eviction?
We understand that as a landlord you may need to evict a tenant. Whatever the reason we are here to assist you.
As solicitors, we are able to undertake the entire eviction process for you, from service of the appropriate Notice, right through to the Court Hearing and, if appropriate, instruction of Bailiffs and attendance at the physical eviction upon your behalf.
What is the Eviction Notice?
The Notice is your way of making the defaulting Tenant sit up and take “notice”.
Usually, the Service of a Notice will prompt the Tenant into action and the Tenant will leave your property. However, if the Tenant does not leave of their own accord after a Notice has been served and expired, then you will need a Possession Order from the Court.
It is at this point when the Notice Served by the Landlord, or their Agent, will come under scrutiny.
The most crucial part of the process for Possession is the Service of the Notice; if this is flawed then you will not get a Possession Order and the Tenant can continue to reside at your property.
Some Letting Agents and other non-Solicitor firms undertaking eviction work are unable to go on the Court record or attend Possession hearing. Moreover, in our experience, Landlords and Letting Agents can sometimes be careless in their drafting and service of Notices of Possession.
Far too often, this is the stumbling block for many Landlords.
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The process
Our team will review all the paperwork and advise you on how to rectify issues so that if you have to proceed to Service of a Notice that any such Notice will be deemed valid.
At WIN Solicitors, we will review all the paperwork and advise you, the Landlord or Agent, on the merits of the case for Possession. We will prepare and Serve the Notice on your behalf for added peace of mind.
At WIN Solicitors, we will prepare the Court Application and apply for Accelerated Possession. We will lodge the Application with the Court and deal with the Court process.
As part of the Court Proceedings, you are required by the Court to provide Witness Statements upon which you intend to rely on as evidence at the Possession Hearing. We will prepare up to 3 Witness Statements including your detailed Witness Statement and that of any other persons that you intend to rely upon. We will also prepare a Statement from ourselves in respect of the Notice and the circumstances surrounding its service. We will also have to prepare detailed Court Bundles to be prepared and filed at Court and serve upon the Tenant(s).
Depending on the type of Possession Proceedings, you may need a Court Hearing.
Frequently Asked Questions
If you decide to take a deposit from the tenant, this must be protected in one of three government-approved schemes. You must also provide the tenant with prescribed information relating to the deposit within 30 days. Failure to protect the deposit will invalidate any section 21 notice and the landlord will have to pay up to three times the value of the deposit to the tenant as compensation.
There are two types of eviction notices that landlords can currently serve to their tenants: a Section 21 notice and a Section 8 notice.
A Section 21 notice should be served to your tenant if you want your property back after their fixed-term agreement ends or if they have a period tenancy (with no fixed end date).
A Section 8 notice should be served if your tenant has broken the terms of their agreement and you would like them to leave the property.
If the tenants won’t leave by the date given on a validly served Section 8 or Section 21 notice, then you must apply to the court for a possession order. Once a possession order is granted you can request a warrant for possesion for the county court bailiffs to have the tenant removed.
Many eviction notices served by landlords are invalid and would not hold up in court. To save costs, many landlords choose to serve their own notices – however, the mistakes they make along the way only end up increasing the costs and the court time. The main reasons that notices are invalidated are:
- Incorrect expiry dates
- Failure to comply with deposit legislation
- Inaccurate accompanying rent arrears schedules
- The method of how the notice is served
- Typing errors
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