We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
If a tenant dispute – such as non-payment of rent or other breaches – is not resolved, evicting them can often be the only solution. The eviction process can be incredibly stressful and can be detrimental to your profit margins, or even livelihood.
Evicting a tenant
We appreciate how stressful evicting a tenant can be and recognise the challenges that residential landlords face with problematic tenants in the eviction process.
If evicting a tenant causes a complicated dispute, our highly-experienced dispute resolution lawyers will find the solution to resolving the matter as quickly and as cost-effectively as possible.
With constantly changing legislation and new legal loopholes emerging all the time, we also ensure that you follow the correct procedure when serving notice to evict a tenant.
We will guide you through the process and, where necessary, assist in collecting any arrears or sums due once the eviction notice has been served, possession proceedings issued and a possession order made, and your property has been recovered.
Evicting a tenant
Our experience enables us to pre-empt and mitigate common risks in residential tenancy possession actions.
We work with all types of landlords, providing legal services to property investors, companies and letting agents, as well as large PLCs with residential property portfolios, amassing a wide range of industry experience and knowledge.
Our expert landlord and tenant lawyers and frequently provide legal advice on all landlord and tenant issues, including:
If the eviction is disputed or the tenants are causing problems, we can also assist you with:
Evicting a tenant
If a tenant owes rent or has caused damage to the property, you can issue court proceedings to recover the sums due to you. Where the debt is below £10,000.00 and is contested, the matter would be dealt with in the small claims court. However, we recommend using a dispute resolution solicitor to try and resolve the issue amicably in the first instance.
Section 13 of the Housing Act 1988 is a way for landlords to increase rent on their periodic assured shorthold tenancy. A landlord can only use this process to increase rent once every 52 weeks. This will soon be replaced in the incoming Renters Reform Bill.
If a tenant’s behaviour is serious and persistent, then a landlord may seek to have them evicted. To evict a tenant for such a breach, a landlord will need substantial evidence to rely on in court.
As of April 1 2023, landlords cannot ask for a deposit of more than one month’s rent.
Yes, we have extensive experience in handling all commercial landlord and tenant disputes. Our team of solicitors specialises in advising both commercial landlords and tenants on various lease and tenancy matters. We are also able to advise residential landlord’s on a tenant eviction matters.
There are several ways to try and resolve a dispute with your landlord. Start off by trying to communicate the problem. If this doesn’t work, formally document your grievance by putting it in writing. After this, you should seek legal advice as to your rights and remedies.
The Tenancy Deposit Scheme offers a free dispute resolution service. You do not have to use this service, but both tenant and landlord must agree to it if you do. When using the scheme, both tenant and landlord will be asked to supply evidence of their claim, and the decision, made by an independent adjudicator, will be final.
The Deregulation Act came into effect on 26 March 2015, with the aim of reducing some of the burdens of previous legislation which no longer had practical use. The key changes that impact landlord and tenants include the Energy Performance Certificate, the Section 21 Notice, Tenancy Deposit Protection, Retaliatory Eviction and further detail relating to Prescribed Information.
Also know as an Eviction Notice, a Section 8 notice, under the Housing Act 1988, is a way of ending tenancy when the tenant is in breach of the terms.
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For support with evicting a tenant, please contact us on 01332 226 150 or complete the form below.
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