Our Process

Stop wasting time and money – we take the confusion out of evicting a tenant

It doesn’t matter if you’re an accidental landlord – or a housing association with a property portfolio of over a 1000 properties – at Evict My Tenant Limited UK, we understand the importance of recovering your rent and regaining possession of your property.

Evicting tenants is never a pleasant experience, no matter what your situation as a landlord happens to be. It can be a worrying, stressful time for you. Here at Evict My Tenant Limited UK Ltd we aim to make the process as simple as possible for you, we’ll take care of evicting tenants so that you can get on with maintaining the rest of your property portfolio.

For this reason, we offer a fixed fee service to suit every landlord. Our tenant eviction service is cost effective, while at the same time our exceptional level of service is second to none. We provide tenant evictions for clients throughout the UK.

Call us now on: 0345 459 1830 for free advice about tenant eviction in the UK.

 

Rent Arrears Letter

Evict My Tenant Limited UK Ltd will send a final demand letter to your tenant requesting that they make payment to you for the outstanding rent within seven days. They will be warned of the additional costs incurred to the debt including court costs and a money order for the arrears. This process is very effective in order to prompt immediate action.

Failure to respond will result in an application made for a possession order. Our rent arrears letters are sent at a fixed fee of £20.00 to the landlord.

 

Serving A Section 8 Notice

A “Section 8 Notice” is used to terminate an Assured Shorthold Tenancy Agreement during the fixed period when a tenant has breached the agreement (e.g. fallen into rent arrears). A landlord cannot legally evict their tenant without obtaining a possession order from a county court.

Before applying to the court for this order, Evict My Tenant Limited UK Ltd must serve a “Section 8 Notice To Quit” form on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground(s) on which possession is sought.

The most common type of breach during the term of the tenancy is for non-payment of rent. In order for the Section 8 to be valid, the landlord must specify on which grounds, set out in Schedule 2 of the Housing Act 1988, the tenant has breached.

 

The grounds fall into two categories:

  • Grounds 1-8 (Mandatory) – the court must make the possession Order.
  • Grounds 9-17 (Discretionary) – the court will make the Order only if it is reasonable to do so.

 

How We Serve A Section 8 Notice

To start proceedings, we must first inform the tenant, using the Section 8 Notice, that you wish to seek possession. The Notice of Seeking Possession is issued under section 8 of the Housing Act 1988 and must be served in the prescribed form – ‘Section 8′ with an up to date rent schedule.

Any errors made when issuing the Section 8 Notice (which is extremely common when landlords and letting agents serve it themselves) is likely to delay the landlord gaining possession. That’s why it makes sense to seek legal advice from us before issuing a Section 8 Notice to Evict My Tenant Limited.

Service Of The Notice

All our Notices are hand delivered anywhere in the UK normally within 48 hours. We also keep a record of the delivery report as evidence should the matter go to court.

Section 21 Notices

Section 21 notice of seeking possession

You can use a Section 21 notice if your tenants have either:

  • a written agreement with a fixed term that’s ended
  • an oral or written ‘periodic’ agreement (for example, month-by-month) with no fixed end date

If the tenancy started after April 2007, you can only use a Section 21 notice if you put the tenants’ deposit in a deposit protection scheme.

 

Giving tenants a Section 21 notice

A Section 21 notice must give your tenants at least 2 months’ notice to leave your property.

You either use form 6a if the tenancy started on or after 1 October 2015 or

writing your own notice if the tenancy started before 1 October 2015 – explain that you’re giving notice under Section 21 of the Housing Act 1988

When you must give more than 2 months’ notice

Fixed-term tenants can’t be evicted until their tenancy ends. If the fixed term has expired the notice must end on the last day of the rental period.

So you’ll need to give more than 2 months’ notice if the rental period was more than 2 months (for example, it was paid quarterly).

Form6a: for a no fault possession notice on an assured shorthold tenancy

This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988.

This form should be used where a no fault possession of accommodation let under an

assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.

This form must be used for all ASTs created on or after 1 October 2015 except for statutory

periodic tenancies which have come into being on or after 1 October 2015 at the end of

fixed term ASTs created before 1 October 2015.

 

The validity period of this form is six months following the date of its issue unless the

tenancy is a periodic tenancy under which more than two months’ notice is required, in

which case the validity period is four months from the date the tenant is required to leave.

 

 

  • In the first four months of the tenancy (but where the tenancy is a replacement

tenancy, the four month period is calculated by reference to the start of the original

tenancy and not the start of the replacement tenancy – see section 21(4B) of the

Housing Act 1988);

  • where the landlord is prevented from retaliatory eviction under section 33 of the

Deregulation Act 2015;

  • where the landlord has not provided the prescribed information and/or prescribed

documents

  • where the landlord has not complied with the tenancy deposit protection legislation; or
  • where a property requires a licence, but is unlicensed.

Stage 2 – Litigation Proceedings

75% of tenants respond to Stage 1 and either pay what they owe, or leave the property to avoid court action.

The 25% that ignore the notice(s) served require court action to obtain a possession order. Our eviction team will start legal proceedings in order to evict the tenant. We will prepare the file ready to be submitted to the local County Court, pay the court fee, obtain a hearing date and provide representation for you.

We recommend that either the owner or managing agent attend the hearing along side our advocate, however if this is not possible we can prepare a witness statement in your absence for a fixed fee of £50.00.

The tenant generally has 14 days in which to leave the property and pay any arrears outstanding once we are awarded the possession order. This service that we provide comes with a fixed fee of £599.00, plus court fees.

Stage 3 – Bailiff Eviction

There are always tenants who will disregard the law even when ordered by the courts to vacate the property within a given time frame.

If you are in this frustrating situation we will arrange for the Court Bailiffs to issue a warrant for possession of the property and to remove the tenant. You or your letting agent will need to be present at the eviction. This service comes with a fixed Fee of £199.00.

Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession. The benefit is that they have more powers to act quickly to get your property back and execute the writ fieri facias for your arrears. This comes with a fixed fee of £600.00.

We can provide a representative to attend the property on your behalf for the Stage 3 process should you be not able to attend. Please contact us for a firm quote if you require this service.

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