Residential Tenant Eviction

The Landlord Group have compiled a list of the most frequently asked questions together with answers regarding the fixed fee services that we offer.

The tenancy has come to an end, is the service of a notice really necessary?

Yes. At the end of the tenancy, the tenant is legally allowed to remain in the property until such a time that an appropriate notice is served. If the tenant has continued to pay rent this will involve the tenant being served with a ‘section 21 notice’ giving not less than 2 months notice to leave the property. If the tenant hasn’t paid the rent, then depending on your circumstances a section 8 notice might be more appropriate. This notice simply gives the tenant 14 days to pay or face eviction.

The service of the correct notice is in all cases and without exception an essential legal pre-requisite if a landlord is to get his/her property back. Without it, all further stages will fail and a court will not grant an order for possession.

Once the notice is served, is there anything else I should do to speed up the process?

No. Let the notice run its course. To approach the tenant pressuring them to leave before the notice has ended might be viewed as harassment. This is a criminal offence pursuant to the Protection from Eviction Act 1977.

All you have to do is leave everything to us.

How long will it take to get a court date?

From the expiry of the notice, a court date (the date when a judge will hear your case) will normally take between 4 and 8 weeks. Court dates can take longer depending on which court is dealing with the claim. If you are eligible for the accelerated procedure we can usually get a court order within 5 weeks.

Will I have to attend the court hearing?

The short answer is no, however, The Landlord Group would always recommend that you do attend in the event that your tenant attends the hearing making claims which you wish to contest. That said, The Landlord Group fully understands the pressures people put on themselves when faced with attending court. We will if necessary discuss with you your circumstances and allay any fears or worries you might have. Nonetheless, if you still feel that you do not want to attend the hearing we will discuss with you personally your options. A specialist lawyer will always attend on your behalf and will put your case to the court.

If you do want to attend the hearing, and we would always encourage this, we will inform you of the name of your lawyer and where and when you should meet them at court. Remember, as you have instructed The Landlord Group to act on your behalf, we ensure that it is the lawyer and not you who put forward all legal arguments.

What happens if my tenant doesn’t show up at court?

A judge will hear the case in their absence and will ordinarily grant you an order for possession of your property.

What happens if my tenant does show up at court?

This usually means that they are defending the case. Our lawyers are specialists and will still put forward legal arguments to try and obtain an order for possession. If the court doesn’t grant an order for possession the judge will ordinarily adjourn the case for about 4 weeks.

What will the court order say?

It will say when the tenant should leave the property. A judge has some discretion to order when a tenant should leave your property, normally 14 days.

The Landlord Group always argues for an immediate possession date. If the tenant doesn’t leave by the date set, The Landlord Group will go straight to stage 3.

What happens on the day of the eviction?

The Landlord Group will have arranged for a court appointed bailiff to attend your property. We will inform you of the time and date. You should aim to meet at the property with a locksmith 30 minutes before the bailiff is due to turn up.