The novel coronavirus, or COVID-19 is affecting people across the globe.
Find out how the crisis affects eviction proceedings here.
Tenant Eviction London
Eviction Management Services is a professional tenant eviction company founded by landlords for landlords. We have over 90 years combined experience of Landlord and Tenant Law and have been helping landlords throughout London and the South East during this time.
What is the process for evicting tenants in London?
The process for evicting tenants in England and Wales has three stages to it. However, unlike our other competitors we will take the time to review your case and make sure that we have a good chance of successfully securing possession before we proceed, or ask for any fees from you. If we cannot do this, we will honestly inform you of why and any steps you can take to be in a position where possession can be granted.
If we believe that you have a good chance then the three stages are as follows:
Stage 1 – Serving Notice – £95 + VAT
This stage is where we issue either a Section 21 eviction notice and/or a Section 8 eviction notice to the tenant to formally begin proceedings. A Section 21 is a notice to the tenant that you would like the property back once a fixed term ends – this can be either a fixed term tenancy that is given in a written contact, or a “periodic” tenancy which is where the tenancy has no fixed end date. A Section 8 notice is given when the tenant has broken a term within the tenancy agreement.
If you intend to issue a Section 21 only then the tenant must be given up to 2 months’ notice to leave (and if it is a periodic tenancy than the tenants must also be able to stay for any additional time covered by their final rental payment). However, a Section 8 notice allows for a shorter notice to be given – anywhere between 2 weeks and 2 months depending on the specific terms which were broken.
We will also send your tenant a professional but strongly-worded letter advising them of the implications of not paying outstanding rent or not moving out. The majority of tenants will have left at this stage without any further proceedings.
Stage 2 – Court Proceedings – £695 + VAT (+ court fee)
However, for the minority who will not then in this stage we will assist you to obtain a possession order and money judgement order from the court. Here an application is sent to court who will then send a copy to the tenants, who in turn have 14 days to contest it. A judge will then decide whether to issue a possession order or to have a court hearing, usually it is the former unless there is an issue with paperwork or your tenants decide to raise an issue or counterclaim).
During this time, our specialist negotiation team will attempt to secure an early surrender of your property from your tenants.
Stage 3 – Eviction – £195 + VAT (+ court fee)
If the court issues a possession order and your tenant is still at the property on expiration of the order, then we can help you to apply for a warrant of possession. This will mean the tenants can be physically removed from your property.
How to evict a tenant without a rental agreement?
A situation which can occur more often than not, especially in areas such as London where property prices are so high, is a tenant may be living in a property without a formal rental agreement in place i.e. perhaps they are a friend or relative of the landlord. Or perhaps the tenant has been living in the property for a long period of time and so the original copies of the agreement may have been misplaced.
However, there is a legal recourse for this issue if you wish to evict these tenants and take possession of the property with a few options available.
First of all, it is important to ask if a lease was signed at the beginning of the contract – even if you don’t have a copy it doesn’t mean none exist. Perhaps the tenant still has a copy or there might never have been a contract which was signed by both parties (therefore neither party has a contract for the tenancy).
In which case, if it can be proven that money has been paid in exchange for the rental of the property then this in itself does create a tenancy, even if there was no contract so all the usual rules of ending a tenancy still applies.
Similarly, if a tenancy agreement did exist at some point but has expired, then the tenancy will still exist and the terms, unless otherwise agreed or updated in a later agreement, will have remained the same. However, this means that the tenancy agreement will now be classed as a periodic tenancy. which renews automatically rather than the rental payment frequency.
Eviction Management Services offers residential tenant eviction services throughout London and the South East. Our offices are located close to the City, making us ideally placed for eviction management throughout the region. Contact us today on the details below and we will be happy to assist you.