The procedure for evicting a residential tenant in England & Wales is a prescribed process. The aim of the process is to make it accessible for laypeople. With this in mind, why should a landlord, whether that be someone who has evicted tenants before, or is new to the process, still consider instructing a solicitor to conduct the proceedings for them?
Peace of mind
There are many aspects to the procedure that may seem daunting to a layperson, whether it be preparing court documents, corresponding with a problem tenant or appearing in court. Instructing a solicitor to help with the proceedings will mean that they can advise you on the most time and cost effective way to evict your tenant and remove any concern you, as a landlord, may have at the thought of representing yourself during the proceedings.
Conducting litigation can be a lengthy process, especially if you are unfamiliar with the rules and procedures. A solicitor can help prepare the necessary papers for the eviction in compliance with the ever-evolving rules and notice periods which have changed several times. This will minimise time spent dealing with the litigation and should result in you obtaining the property back as quickly as possible.
Whilst the residential eviction process may be prescribed, this does not mean that all cases will be straightforward. If faced with a defence or counterclaim, cases can easily become protracted. In these situations, instructing a solicitor with expertise in the area can be invaluable to help landlords navigate through issues which could otherwise delay an eviction and increase costs. At Stephensons, our landlord and tenant solicitors can rely on their wealth of experience dealing with these claims to provide quality advice tailored to your situation.
Obtaining advice and representation will likely save costs in the long run. Due to the nature of residential possession proceedings, simple errors can lead to avoidable delays and increasing costs or loss for landlords. A common example is a landlord serving an invalid notice seeking possession. To rectify an invalid notice, ordinarily a new notice will need to be served, potentially delaying vacant possession or issuing court proceedings by several months. Investing in expert representation will reduce the risk of simple errors derailing the eviction process which could result in a significant loss for you, particularly if a tenant has stopped paying rent.
Should you require any advice or assistance in respect of any of the issues above, please do not hesitate to contact us on 0161 696 6170 and our landlord and tenant solicitors may be able to assist you.