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Do you need assistance evicting someone in your home or your tenanted property?

The law requires that a tenant is given a reasonable amount of notice to leave a residential property. There are a number of legal grounds a landlord may use to terminate a tenancy, there may be rent arrears or a landlord may simply require their property back at the end of the tenancy. If a tenant refuses to move at the end of the notice period, a landlord will need to obtain a possession order from the court, and if the tenant does not the move out after the expiry of the possession order, a court appointed bailiff will need to be instructed to lawfully evict the tenant. If a landlord changes the locks to the residential property before a possession order has been made by the court, he will be committing a criminal offence. The maximum penalty for unlawful eviction of a tenant is two years in prison and a fine of up to £20,000.

If a landlord is letting a room in his own home which the landlord occupies, it is likely that that a landlord will only need to provide reasonable notice to the occupier. In these circumstances a landlord does not always need to go to court to obtain a possession order.

If you are unsure whether you require a possession order before you evict your tenant you can contact Emma Watson on 01234 312703 or you could email her emmawatson@hcbgroup.com. She can advice you on the different legal basis you can use to terminate the tenancy.

For a fixed fee of £850 (plus VAT) we can review your tenancy documentation, explain the law to you, draft possession proceedings and attend court for you to obtain the possession order. We will also try to obtain these legal costs from the tenant at the court hearing.  For us to draft the notices it is a fixed fee of £200 plus VAT, if you then need to issue proceedings our fees are £750 plus VAT rather than £850 quoted above.

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The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.