In most cases, the tenant-landlord relationship is a good one and there’s no cause to get anyone else involved. But sadly things can go wrong and this can end up with the situation where you need help with residential tenant evictions. If you need to evict a tenant from a residential property, Able Investigations is here to help.Get in touch
Currently, due to the COVID-19 pandemic, there are certain rules and regulations in place that impact the ability of a landlord to evict a tenant. This is emergency legislation and currently, we are unsure when it will end.
Currently, bailiffs cannot evict your tenants if your property is in England or Wales unless there’s a serious reason. Able Investigations can only enter a property for eviction if:
- Someone is living there illegally.
- Your tenant has been involved in antisocial behaviour.
- Your property is in England and your tenant gave you a false statement.
- Your property is in England and your tenant owes 6 or more months’ rent.
This means that landlords cannot issue new possessions proceedings through applications to the court until these rules are changed. If you are unsure if they currently apply to you, please reach out to us to discuss further.
How Able Investigations can help with residential tenant evictions
One of the most important parts of dealing with residential tenant evictions is to ensure that everything is done legally and in line with current regulations. Able Investigations can ensure that every step of the process will comply with the legislation and that you, as the landlord, have complied with all requirements.
We work under Writ of Possession, ensuring that that all aspects of the eviction are handled by the correct professional.
The process of evicting a residential tenant
Understanding what we do means understanding the basics of evicting a residential tenant and what legal issues must be addressed.
Serving Section 21 or 8 Notices
There are two routes to follow when evicting a tenant – either under Section 21 or Section 8 of the Housing Act 1988. Able Investigations can help with both routes but as a landlord, it is important to understand which you should follow.
A Section 21 notice of possession is served to give the tenant ‘notice of possession’ where you want to take back possession of the house at the end of a fixed-term tenancy. It can also be used to trigger an agreed break clause. There’s no requirement to give a reason to claim possession.
A Section 8 eviction notice is where you have grounds for eviction. These are usually things like non-payment of rent or damaging the property, Anti-Social behaviour. Causing a nuisance may also be a cause. Section 8 allows to terminate of the tenancy during a fixed term due to breach of the tenancy agreement, but the tenant can dispute it and you will need to provide the reason for eviction, these will normally be worked out at a court hearing.
If you are unsure which route is best for your situation, we can help you make an assessment. We can then serve the relevant paperwork to the tenant based on the choice that you make.
Issuing possession proceedings at Court
In most cases, tenants will move on but there are situations where they refuse or ignore the paper-work and this means going to court.
There are two main routes, one is a standard possession order, the other is called an accelerated possession order. Both require the submission of specific paperwork and also paperwork serving to the tenant.
Obtaining a Possession Order
Once the case goes to court, a Possession Order is then issued which will give the tenant a date to leave the property. This is usually 14-28 days after the court hearing. You will need a Writ of Possession if they do not leave the property by the date given.
Applying for a Warrant for Possession
The final step if the tenant doesn’t leave the property is the Writ of Possession. We can assist in completing the relevant paperwork for this. This will enable us to transfer the Writ from the county court to the High Court which will allow a High Court Offices to handle the eviction.
We can then act as Enforcement Officers to remove the tenant from the property. There are very clear rules to follow to avoid an illegal eviction, which we must follow.
Why choose Able Investigations for evicting your tenant?
Able Investigations & Enforcements is the leading authority on specialist Enforcement and Investigations, we operate across the UK. Established in 1993, we work with local authorities, commercial and private landlords, land agents and many other clients, large and small, for a range of eviction cases, from travellers, squatters, protesters to residential evictions.
As well as working on evictions, we also have a team of Public Order Enforcement personnel and a Security Division, to ensure that your assignment is completed safely, and legally. This means that we know the right and correct methods along with the systems to carry out a safe and legal eviction.
Why getting help from the Best Enforcement Team is the best option to evict a tenant?
On paper, the eviction process seems simple but there are a lot of situations that may arise, if you don’t know what you are doing. There are various legal ramifications, under the Protection from Eviction Act 1977 which means you can easily be guilty of harassing a tenant. Right through to the Harassment Act, which must be adhered to.
Another reason ensure that you employ an Expert Enforcement Company is that if you do not follow the correct procedures, you could end up facing a hefty fine, and even criminal proceedings. This would not only allow them to stay in the property could cost you your good name.
Get the right professional help
Don’t take any chances, ensure that your eviction is done legally, ethically, and with discretion. Able Investigations & Enforcements have the expertise and the knowledge to ensure the eviction is carried out completely within the law, with teams, that will ensure your reputation and credibility is protected every step of the way.
To ensure that you ensure that the correct procedures are followed. Then there really is only one company to call, Able Investigations & Enforcement, the experts specialist evictions.
Contact us today to discuss your tenancy issues or to find out more about our services.Speak to an expert
Frequently Asked Questions
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