Eviction
There are different types of contract for letting residential and commercial properties. Some contracts are governed by law, such as assured shorthold tenancies, and some are governed solely by the terms of the contract (contractual tenancies or common law tenancies).
The lawful route to evicting a tenant or trespassers depends on the particular case, as there are different routes to seeking for possession of property or land. The most common evictions relate to assured shorthold tenancies (England) and standard contracts (Wales).
Most tenancy agreements provide the tenant with protection from eviction, which means that the landlord would need to first serve the tenant with a legal notice providing a date by which the tenant must give up possession of the property. If this notice is not complied with, the landlord would then need to issue possession proceedings in the Court to obtain a possession order. Where a possession order is not complied with by the tenant, the landlord would need to obtain warrant or writ for possession which a certified bailiff would enforce.
Where a tenant or licensee is protected from eviction the eviction process as a 3 step process:
- Serve Notice on the Tenant.
- Issue Possession Proceedings.
- Enforce the Possession Order.
We offer fixed fees for all steps of eviction and legal advise throughout the process.
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