Jun 20, 2018
The reality is that there is no ‘quick’ form of eviction. There are accelerated procedures that will speed up the process, but there is no option that will have your tenant’s out by the end of the week. Unless they are incredibly accommodating… which is not very likely.
While you might want to see the back of your tenants as soon as possible, trying to take the law into your own hands can be highly detrimental and impact your case negatively. The best course of action is to follow the law by the letter, maintain a professional standing and ensure that you play by the book. Any deviations from the legal proceedings can end up helping the tenant’s case in the eye of the judge.
Many eviction guides will tell you to be well versed in the legalities of eviction and how the whole process works, and while this can only benefit you with the procedure, it is also highly time consuming. Luckily there are FREE landlord advice helplines which can talk you through the entire process. Qualified lawyers can give you specialist advice, sifting through all of the legal jargon to give you honest, trustworthy and useful information, helping you to evict your tenants as quickly as possible.
Section 21 Notice
Before you can do anything in regards to evictions, you must first serve your tenants a section 21 notice. This gives the tenants at least 2 months to vacate the property or until the end of their fixed term (this is dependent on the tenancy agreement that is in place for the property).
Once this has been served then all you can do is sit back and wait for those 2 months to pass. (I told you this wasn’t a quick process).
A section 21 notice can be served, either at the end of a fixed term tenancy or during a tenancy that has no fixed end date. There are, however, numerous reasons why this notice cannot be served, such as:
- There has, in the last 6 months, been an improvement notice or a notice of emergency works served by the council.
- The tenancy started post April 2007 and the deposit isn’t secured by a deposit scheme.
- The tenancy began less than 6 months ago.
- The landlord has an incorrect HMO licence for the property
- The landlord doesn’t have a correct landlord licence and also lives in Wales.
- The tenancy fixed term has not yet ended.
Keeping organised is key!
Once the section 21 notice has been served, make sure that you keep a record of doing so. This will be required for later court proceedings. There are two ways that the notice can be proven in court, either by writing “served by [your name] on [date]” on the notice itself, or by filling in a certification of service form (N215). If you have any queries regarding documentation then you can always call the FREE advice helpline on 0800 368 7554 where a team of qualified lawyers will be happy to talk you through the required paperwork.
What if my tenant’s still refuse to leave?
If the section 21 notice has been served and your tenants still refuse to budge, then you can up the game and proceed to an ‘Accelerated Possession Order’.
Accelerated Possession Order
This is one of the cheapest and quickest ways to remove your tenants from your property, but it can only be actioned if the section 21 notice has already been served to completion, without this the acceleration possession order cannot be processed.
It is worth noting that this procedure cannot be used if you require arrear and debt recovery, if you are looking to evict and regain rent then you will have to go through a slightly longer process called the standard possession procedure.
How long will the Accelerated Possession Order take?
Don’t let the title deceive you… whilst it may be called an ‘accelerated’ process the whole thing can take up to 10 weeks until completion. 10 weeks isn’t even a worst-case scenario, if the tenant submits an objection to the proceedings or new information is released that changes or affects the grounds of eviction then this can take longer.
How do I apply?
Application is a fairly self-explanatory 7-page form which, once completed, will need to be submitted to your local court (one that deals with housing possession). If you have any difficulty in understanding or completing the required form, you can always give TheHouseShop’s FREE advice helpline a call and they will be happy to advise you on filling the documentation and subsequent submission.
0800 368 7554 Mon-Fri, 9am-5:30pm
If all of the above has been adhered to and all of the specified paperwork is in order then the court will proceed. If anything is incorrect or incomplete then, unfortunately, the case will be thrown out of court. If this is the case you should receive an explanation as to why this has happened. Any discrepancies can be discussed with the court or you can call the FREE advice helpline and they will talk you through any inaccuracies in the application.
What happens next?
If everything is in order and all paperwork has been correctly filed and approved then the court will serve your tenants a copy of your application informing them that the acceleration possession order has been applied for. From receipt of this, the tenants will have 14 days to file a formal objection. If this is not carried out then the possession order will continue.
If the formal objection has strong evidence and is a cause for consideration then the case might have to have a court hearing. This gives the tenants and landlord an opportunity to argue their case and have a judge review the entire application. A court hearing is not always needed and cases can proceed without one, however a date in court will prolong the time period and make the eviction date even further in the future.
If the possession order is granted then the tenants will be given between 14 - 28 days to vacate the property, (this may be extended if the tenants have extenuating circumstances).
The whole process should cost around £355, extra costs can come from court hearings and extended dates.
If you are still unsure about eviction processes and need some extra advice, then why not give the FREE advice helpline a call.
TheHouseShop’s qualified lawyers will give you specialist advice regarding eviction and repossession and will also draft and serve an eviction notice FREE OF CHARGE!
Give them a call now on 0800 368 7554 Mon-Fri, 9am-5:30pm