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Tenant Eviction
Three Step Eviction Process
CSB Solicitors have an experienced in-house tenant eviction specialist team.
We offer our Clients an unrivalled level of service, which helps reduce the amount of time taken to evict tenants.
Whether you’re a landlord or agent, our tenant eviction specialist team will ensure that you are in safe hands. Our Three Step tenant eviction process enables you to cost-effectively deal with eviction issues and guides you through the entire tenant eviction process.
The average landlord is already in 4 months arrears when we receive instruction so do not delay. If property rental is your business, avoid void periods, maximise rental income and increase your yields. We are regulated by the Law Society, and promise that your matter will be dealt with by a Solicitor from initial instruction to completion.
Three Step Eviction Process follows:
Step 1: Service of Notice
Fixed Fee of £120.00 plus VAT
Service of Notice:
Requirements For Service Of Notice
- To evict a tenant your tenant must be at least two months in arrears of rent or they must have breached another term of their tenancy agreement;
- Or their tenancy come to an end;
- Do you wish to obtain possession of your property?
- Our skilled team of eviction Solicitors can help you. Simply provide us with a copy of the Tenancy Agreement and details of any arrears;
- As most tenancies are Assured Shorthold Tenancies (AST) and therefore you need to serve either a Section 8 notice or a Section 21 notice to recover possession of your property;
- Section 8 notices can be served where your tenant is at least two months rent arrears. The notice will give your tenant 14 days notice that they must either pay the total amount of the outstanding arrears or leave the property or you will issue eviction proceedings.
Service of Notice:
A Section 21 notice can be served if:
- The tenancy has expired;
- The tenancy is to expire shortly;
- If there is a break clause in the Tenancy Agreement.
This type of notice will give the tenant two months notice that you wish them to leave the property. Please be aware that if you have taken a tenancy deposit since April 2007 and have not registered the tenancy deposit within a prescribed scheme we may not be able to serve this notice.
Please be aware that the 2 months notice period must have expired before you can proceed to stage 2.
Step 2: Court Proceedings
Fixed Fee of £1,000 plus vat. Excluding representation at any hearing and Court Fee
Court Proceedings:
If either a Section 8 notice or a Section 21 notice has been served on the tenant, or if the notice has expired but your tenant has not left the property or paid the arrears of rent you will be able to issue possession proceedings to evict your tenant.
We will prepare and issue the court proceedings and notify you of the hearing date. The hearing itself is likely to be within 4-8 weeks of the date of the claim being issued.
We will instruct a solicitor/barrister to attend the court hearing with you and at the hearing the advocate will request that the court award a 14-day possession order together with a county court judgment in respect of the arrears of rent, fixed costs and also that any rent deposit be released to you.
If you do not wish to attend court?
If you do not wish to attend the court hearing we can prepare a witness statement for an additional £100. We will file the witness statement with the court and serve a copy upon your tenant and contact you after the hearing with the outcome.
* Our fixed fee and all-inclusive price of just £1,000 plus VAT (plus Court Fee)
Please be aware that the above fee excludes the Court Fee and excludes the cost of an Advocate’s representation at the hearing. Should the hearing be adjourned for any reason further charges may be incurred.
Step 3: Eviction of Tenant by Bailiffs
Fixed fee of £190.00 plus VAT (plus Court Fee)
Eviction of Tenant by Bailiffs
If the Court made a possession order but your tenants are refusing to leave we can issue a Warrant of Possession and inform you when your tenant will be evicted by a County Court Bailiffs. On the day of the eviction you and a locksmith will need to meet the bailiff in order that the locks can be changed and the property can be handed back to you.
The Court Bailiff will usually be able to fix an eviction date within 4 weeks of the application being made.
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