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If you are a residential landlord looking to evict a tenant and regain possession of your property, our specialist tenant eviction solicitors can help.
At Stephensons, we provide clear, practical advice to landlords throughout the tenant eviction and possession process.
We offer fixed fees for landlord possession and eviction work, giving you certainty over the legal costs involved at each stage.
If you need advice about evicting a tenant or recovering possession of a residential property, call us on 0161 696 6170 or complete our online enquiry form and a member of our specialist team will contact you.
Evicting a tenant should be approached carefully. Landlords must follow the correct legal procedure and, where necessary, obtain a court possession order. Taking specialist legal advice at an early stage can help ensure the correct procedure is followed and reduce the risk of avoidable delays or complications.
Evicting a tenant and regaining possession of your property can be a complex process. It is important that the correct legal procedure is followed from the outset to reduce the risk of delays, additional costs or difficulties with your possession claim.
Our specialist tenant eviction solicitors provide clear and practical advice to residential landlords at every stage. We can advise on the appropriate grounds for possession, prepare and serve the relevant notice, issue possession proceedings and represent you at a possession hearing where required.
Where possible, we will seek to resolve matters without the need for contested court proceedings. Where court action is necessary, we can manage the possession claim on your behalf and advise you through to obtaining a possession order and, where necessary, enforcement.
When you need to evict a tenant and recover possession of your property, getting the procedure right is essential. Our experienced landlord and tenant solicitors understand the different legal requirements applying to residential landlords in England and Wales and can advise you on the most appropriate route to regain possession.
Whether you are dealing with rent arrears, anti-social behaviour, a breach of tenancy, or need possession for another reason, we can provide specialist advice tailored to your circumstances and the location of your property.
We offer:
Contact us today to discuss your circumstances and find out how our tenant eviction solicitors can help you regain possession of your property.
Successful possession and rent recovery claim - following recovery of possession, Ms. A pursued the outstanding rent arrears. This led to a further payment of £14,800 by the solicitor tenant in full and final settlement of the arrears.
The law relating to tenant evictions and residential possession is complex and differs between England and Wales. Before taking action, it is important to establish which legal procedure applies, whether you have a valid basis for seeking possession and what steps must be taken before a possession claim can be issued.
Our specialist landlord and tenant solicitors can review your tenancy documentation and circumstances, identify the appropriate route to possession and guide you through the process from serving notice through to obtaining and enforcing a possession order.
Getting the procedure wrong can result in delays and additional costs. We can advise you from the outset to help ensure that the correct route to possession is followed.
We will review the circumstances of your case, together with the relevant tenancy or occupation contract documentation, to determine the appropriate route to recovering possession of your property.
This can include considering:
Where a notice is required, we can prepare the appropriate notice seeking possession and advise you on service, the applicable notice period and when possession proceedings can be commenced.
For private rented properties in England under the current regime, this may involve preparing and serving a Section 8 notice (Form 3A) setting out the ground or grounds for possession relied upon and why they apply.
For properties in Wales, we can advise on the appropriate notice and procedure under the Renting Homes (Wales) Act 2016. Welsh Government guidance identifies a number of different prescribed possession notices depending upon the basis on which possession is sought.
If your tenant or contract-holder does not leave the property following expiry of the relevant notice, it may be necessary to make a possession claim at court.
Our tenant eviction solicitors can prepare and issue the required court documents and deal with the possession proceedings on your behalf. We will keep you informed of relevant court directions and deadlines and, where a hearing is required, prepare your case and arrange representation at the possession hearing.
If the claim becomes defended or more complex, we will advise you on the next steps and provide clear information about the likely additional legal costs.
Obtaining a possession order does not always mean that the tenant or contract-holder will leave the property voluntarily.
If they remain in occupation after they are required to leave, we can advise you on enforcing the possession order and applying for a warrant of possession so that an eviction appointment can be arranged.
We can guide you through the enforcement process and advise you on the practical steps required to regain possession of your property.
We offer fixed fees for different stages of the tenant eviction and possession process, helping you understand and budget for your legal costs.
Whether you need advice before serving a notice, assistance with Section 8 proceedings, a possession claim, representation at a hearing or help enforcing a possession order, our specialist landlord solicitors can advise you on the next steps.
You are not legally required to instruct a solicitor to evict a tenant, but obtaining specialist legal advice can help avoid costly mistakes and delays.
The tenant eviction and possession process involves strict legal requirements, from identifying the correct route to possession and serving a valid notice through to issuing possession proceedings and, where necessary, enforcing a possession order.
Our specialist tenant eviction solicitors can manage the process on your behalf, ensuring the correct procedure is followed and advising you if your tenant disputes the claim or when the matter proceeds to a possession hearing.
There is no single route that will be the easiest in every case. The correct way to evict a tenant and regain possession of your property will depend on where the property is located, the type of tenancy or occupation contract and the reason you are seeking possession.
In England, private landlords will generally need to rely on a valid ground for possession and serve a Section 8 notice before commencing possession proceedings. Grounds can include circumstances such as rent arrears, anti-social behaviour, breach of tenancy, selling the property or the landlord or a close family member moving into the property.
In Wales, a different possession regime applies under the Renting Homes legislation and the appropriate procedure will depend on the circumstances and type of occupation contract.
Taking specialist legal advice at the outset can help you identify the quickest and most appropriate route to possession, ensure the correct notice is served and reduce the risk of avoidable delays.
The appropriate next steps will depend on whether the property is in England or Wales, the type of tenancy or occupation contract and the basis on which you are seeking possession.
Our specialist tenant eviction solicitors can:
The possession process in both England and Wales can ultimately involve a court claim, possession order and, where necessary, enforcement by bailiffs. Taking advice at an early stage can help identify any issues before possession proceedings are commenced.
There is no fixed timescale for evicting a tenant. How long it takes to regain possession will depend on the legal procedure being used, the applicable notice period, whether the claim is defended, the court process and whether enforcement action is required.
In England, private landlords seeking possession under the current regime must identify an applicable ground for possession and serve a Section 8 notice. The notice period varies according to the ground relied upon.
In Wales, a separate possession regime applies and the relevant notice period and procedure will depend on the type of occupation contract and the basis on which possession is sought.
If the tenant or contract-holder does not leave voluntarily, court proceedings and enforcement can add to the overall timescale. Our tenant eviction solicitors can advise you on the process applicable to your circumstances and help avoid unnecessary delays.
Once you have secured possession of the property, our specialists are also able to assist in recovering rent arrears against either the tenant or a guarantor - Find out more.
An unlawful eviction can arise where a landlord removes or attempts to remove a tenant or residential occupier from a property without following the correct legal process. Allegations may also arise from conduct intended to force an occupier to leave, including certain forms of harassment or interference with their occupation of the property.
Claims of unlawful eviction or landlord harassment can have serious consequences.
Our specialist landlord and tenant solicitors can advise landlords who are facing an allegation or claim of unlawful eviction, including where urgent action or a response to court proceedings is required.
We can review the circumstances of the alleged eviction, advise you on your legal position and provide representation in defending or resolving an unlawful eviction claim. Where possible, we will seek to resolve matters at an early stage and minimise the potential costs and consequences of the dispute.
If you are concerned that action you have taken could amount to unlawful eviction, or you have received a claim or threatened claim from a tenant, seek legal advice as soon as possible.
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