What can an eviction lawyer do for me?
What is an eviction?
An eviction is a legal process in which a landlord removes a tenant from a rental property. The reasoning behind this could range from non-payment of rent, habitually paying the rent late, breaching the terms of a contract or damaging the property, with a huge range of possibilities in-between.
When contentious proceedings and litigation are unavoidable, we call upon our 40 years of experience and insight into such matters and ensure the best possible resolution for our client.
What does an eviction lawyer do?
An eviction solicitor can assist you in ensuring your tenants vacate the property in an efficient and timely manner. Or if you’re on the other side of the conversation, an eviction lawyer can help tenants or leaseholders stay in their homes, either because the landlord has acted illegally or by submitting a counterclaim for repairs.
Who would need an eviction lawyer?
Whether you are a tenant, a leaseholder or a landlord, you may have need of an eviction solicitor. For any issues or questions pertaining to an eviction matter, get in contact with Britton and Time Solicitors today.
How could an eviction lawyer help tenants?
It is not uncommon for landlords to ignore correct legal processes. They may try to force you out of your home through harassment or by changing the locks, for example. If you believe you are being unjustly evicted or you believe the manner in which you are being evicted is unlawful in any way, it is vital you act with haste and contact Britton and Time Solicitors as soon as possible.
How could an eviction lawyer help landlords?
If your tenant or leaseholder is refusing to vacate the property or is taking too long to do so, you have need of an eviction solicitor. Equally if you believe your tenant or leaseholder to be acting in an illegal or improper manner, you should get in contact with Britton and Time Solicitor as a matter of urgency.
Why would a rental eviction take place?
The most common reason for a lease termination and residential eviction is non-payment of rent. There are very few circumstances under which a non-paying tenant is allowed to remain in situ.
But if a landlord has failed to provide a habitable dwelling, non-payment of rent can be overlooked.
When a tenant violates a lease clause they can be evicted from the property. There is usually a window (which can be anything from three days to 30 days) within which the issue can be corrected. But if this doesn’t happen the tenancy agreement or lease contract can be terminated. Violations can include unauthorized pets, unapproved occupants or sub-letting, for example.
Most contracts don’t allow any occupants other than those listed in the contract.
Most leases grant a resident exclusive rights to occupy the dwelling. This means that the landlord can’t rent it to anyone else, but it also means the tenant is under the same restriction. Most thorough contracts prohibit subletting without prior approval.
Many administrative or home-based businesses are allowed to operate out of a residential dwelling, but sometimes a tenant can push this too far – which can be classed as Improper Use.
A residential contract should be used for residential purposes, not occupied by a high-traffic business.
If repeated noise or nuisance complaints are filed against your tenants, the landlord can be liable to pay a fine. Repetitive noise complaints can constitute a contract violation.
Significant property damage can be grounds for eviction, as can illegal or drug-related activity.
Similarly if a tenant refuses to move out of a property, they can be evicted. If a tenant refuses to move out for a long period of time they are classed as a squatter.
In all of these instances an eviction solicitor is needed and you should contact Britton and Time Solicitors as a matter of urgency.
What is the legal procedure for evictions?
In order to successfully evict a tenant the following eviction procedure guidelines must be adhered to, in order to avoid an unlawful eviction. If you have any queries about the eviction order process, contact Britton and Time Solicitors.
– Give notice of eviction
Give your tenants a Section 21 notice if you want the property back after a fixed term contract ends. If they’ve broken the terms of the tenancy though, they should be served a Section 8 notice.
Notice periods can vary from two weeks to two months, depending on the terms stated in the tenancy agreement. As a guideline you need to give a two-month notice period, but there are exceptions (such as if the tenant has been in the property for under six months, for example).
You can use a Professional Notice Servers service to make sure your tenants definitely receive the notice.
– Seek a Possession Order
If you give a notice to the tenant and they don’t move out, you will have to go to court and apply for a Standard Possession Order, (which us effectively a court order for eviction). You can also apply for an Accelerated Possession Order if you are not claiming any unpaid rent, which is more costly but usually quicker as it doesn’t involve a court hearing.
You will have to fill in a form at the County Court. The court will then send a copy to the tenants, who need to reply within 14 days. This period can be extended by the judge if the tenant is deemed to be in serious difficulty.
– Apply for a Warrant for Possession
If the tenants still refuse to leave after taking the above eviction proceedings, you have one final option: applying to the court for a Warrant for Possession. Which would mean bailiffs can remove the tenants from your property.
To speed up this process, you can ask for the case to be transferred from the County Court to the High Court, after which a High Court enforcement officer will carry out the eviction. But you can only use this form of eviction court if you’re claiming more than £600 (including court costs) from the tenant.
If you want to evict a tenant whose contract has not ended you will need a good reason, such as non-payment of rent or breaking the contract in some way. Discuss the reason and get advice from Britton and Time Solicitors who will check it’s a valid reason.
The procession order will not take effect until the tenants have been in the property for six months. This also applies for a periodic contract.
If you live with your tenant, you only need to give them ‘reasonable notice’ in the form of an eviction order. At the end of the eviction notice period you can change the locks.
What are the benefits of using a Britton and Time eviction solicitor?
Attempting to defend or file an eviction on your own, without the advice of legal counsel, is not advisable. A lack of knowledge concerning eviction laws could result in a judgment against you if you are the tenant, or could compel you to refile your entire case if you are the landlord. If you are seeking legal advice concerning filing an eviction against your tenant, or seeking legal advice regarding defending an eviction, get in touch with an experienced eviction solicitor at Britton and Time Solicitors.
Whether you need legal advice, someone to represent you in court or a highly briefed, utterly professional, hugely experienced representative to guide you through the entire process, call Britton and Time Solicitors today.
Britton and Time Solicitors can help with a range of services including, but not limited to:
- Rent Arrears
- Actions for Ejection
- Anti-Social Behaviour Actions
- Actions where there has been a conviction affecting the tenancy
Why should someone choose Britton and Time Solicitors when looking for an eviction lawyer?
Britton and Time Solicitors is the award-winning multi-legal law firm that’s dealt in success for over 40 years. Every case is treated on an individual basis.
Our experienced team deals with all areas of tenant eviction actions, from public and private sector tenancies to commercial lets. We prepare the necessary eviction notices including Notices of Proceedings, Notices to Quit, Notice to Leave or Notices of Irritancy. If court action is required, we guide you through the process, keeping you advised at every stage of proceedings.
Every client is treated with courtesy and is guaranteed effective representation. Our expertise and integrity have earned us a reputation as one of the premier law firms in the UK. Our consistent track record of uncompromising ethics instils confidence and trust.
We pride ourselves on being completely transparent. You will never incur any hidden fees and everything is discussed and agreed ahead of time. Our initial consultation is fixed at £108 including VAT, and you can ask as many questions as you would like so you can feel completely at ease while discussing your matter in total confidence.
Our London and Brighton locations are professional, welcoming spaces, where you are assured of the highest calibre of service and a vastly broad breadth of knowledge. Get in contact with Britton and Time Solicitors today.