DO YOU WANT TO EVICT YOUR TENANT?
If a tenant does not voluntarily leave for example by unequivocally confirming this in writing, emptying the property of all of the belongings, and returning the keys to you, you cannot force them to nor should you change the locks or otherwise interfere with the property without an order for possession issued by a Court (even if the fixed term of the tenancy has expired). Tenants have rights protecting them from harassment and illegal eviction pursuant to the Protection from Eviction Act 1977. If convicted of these criminal offences, severe penalties can arise.
An Assured Shorthold Tenancy will be terminated following the expiry of either a formal “section 8 notice” or a “section 21 notice” that has been validly served on your tenant. Court proceedings for the eviction of your tenant and the recovery of possession can then be issued. If they still refuse to leave after the Court has ordered possession, Court Bailiffs must enforce that order (and any order for legal costs) by physical eviction.
Wellers Law Group LLP have acted for and provided first rate specialist advice representing value for money to both landlords and tenants on property related matters since it was founded in 1881. We have experts at our offices in central and south London who can provide you with tailored advice to suit your particular needs, and take the weight off your shoulders by managing and conducting the whole process promptly for you until your tenant has left.
You may have already heard of the section 8 and section 21 notices mentioned above that are relevant to terminate Assured Shorthold Tenancies. Each case is different, and we can advise you as to which method is the most appropriate in your particular circumstances and which would suit your particular needs. Some general points follow but they are not intended to be a substitute for specialist legal advice, which should always be sought.
We would be pleased to meet with you to discuss your needs and advise you as to the best way forward in light of your particular circumstances.
If you require further information or advice regarding a Section 8 or Section 21 Notice or otherwise wish to evict your tenant and recover possession of your property please call James Baird 0208 290 7959, Chris Chang 0208 290 3982, Bhavini Curtis 0208 290 7993 or at our London office Bob Mallet 0207 611 7992.
We offer a half hour fixed fee consultation inclusive of service of the appropriate formal notice on the tenant to leave for £190.00 + VAT