Most landlords usually evict a tenant for two main reasons, one, because the tenant is a problem for one reason or another. Two, the landlord wants the property back. It may be because the landlord wants to sell the property, or move in, and make it their own home.
Tenant eviction can be stressful and an expensive process. It is vital to use a company that ideally specialise in tenant eviction. These companies deal with tenant eviction day in, day out and in the process become very good at what they do.
Some companies are better than others, and some are passionate about what they do. Those who are passionate and enjoy their job usually are extraordinarily good at what they do.
Tenant eviction can be a long process. However, it can take even longer if the acting lawyers do not know the process as well as they should.
In some cases, when things do go wrong, the client does not even know and thinks it is all part of the process. It can, in some cases, cost the client even more money, more than it should.
Not only is the case delayed due to errors, but as I have said above, in some cases costs the client even more money.
Tenant eviction is not a straightforward procedure, nor is it simple, getting it wrong will only add more stress to an already bad situation.
A scenario where the tenant defends a case because a landlord failed to comply with some elements of the housing legislation should generally not arise if the lawyer is competent.
Tenant Eviction companies need to check landlord is compliant
Because tenant eviction companies should know their stuff, they should have a due diligence procedure in place. Good companies do not accept instructions before they have carried out a full compliance check.
Recently the Government has introduced a raft of legislation that directly impacts residential landlords. It is paramount for all tenant eviction companies to check that a landlord is fully compliant with the current law.
In rare instances, a landlord may provide wrong or incomplete information; for this reason, claims can fail. In these circumstances, it stands to reason; the tenant eviction company cannot be held responsible.
Most tenant eviction companies will not do any work unless they receive payment in advance. Then they will check to see if they can proceed with the claim.
Don’t pay advance money unless you know claim will succeed
We think this is wrong, no point taking a client’s money if the application has a defect, and they cannot proceed with the case. The client ends up the lawyer taking a chunk of cash before they refund part of the money.
Quality tenant eviction companies know housing law very well. They will not:
(1) Take any payment from you until they are satisfied; they can issue a claim with a positive outcome.
(1) Charge to go through the due diligence free of charge.
(3) Charge if there is a problem, they will advise you what the problem is.
(4) Charge to tell you what needs to be done, to remedy any defects.
The quality tenant eviction companies will not accept instructions until they have sent you their terms and conditions. Yes, of course nearly every website has some T & C’s. However, quality companies don’t just rely on the assumption one might read the T & C’s. They send them out at the point of engagement. It is a hallmark of a company, that is good and transparent.
It is also essential to consider a tenant eviction company that is regulated by a professional body. It indicates the company, has taken some steps to set a firm foundation as a business.
Chose a company who will deal with a defence too
Landlords ought to be careful of companies who are happy to make a tenant eviction claim, but; they cannot deal with the defence, due to lack of experience.
If the matter is defended, they will drop your case like a hot brick and pass your case to another company.
Top 4 Tenant Eviction service companies in the UK
In our opinion, the following are the leading tenant eviction companies worthy of mention:
Landlord Action
Landlord Advice UK
The Landlord Group
Regency Law
Now we could do a fancy tick box to display which tenant eviction company does and offers what. We will make it very simple. All the above companies are very good at what they do. We would expect excellent service from all of them.
However, only one company, in our opinion, stands out and ticks nearly every single item we have mentioned above. It offers much better rates than any of the others. Crucially this company will not accept your instructions or money until they have carried out free due diligence and you have checked and signed their T & C’s.
It is the company The British Landlord Association recommends to its 21,000 members.
You may have seen them on channel 5 programme “Nightmare tenants & Slum landlords”. It is “Landlord Advice UK“, and they offer a national tenant eviction service too.
Eviction Ban 90 days from 26th of March 2020
Due to COVID-19, the Government has banned all evictions from the 26th of March 2020 for 90 day. However, notices can still be served if required.
The new legislation is intended to protect all private, social renters, including those with mortgages. The new law also protects those with licenses covered by the Protection from Eviction Act 1977. It applies to England, Wales, excludes Scotland.
The Government has made it clear that renters are still liable for their rent and should pay the rent due as usual. If renters face financial hardship and are struggling to pay the rent, they can claim benefits, so they are able to service the rent.
The UK Government passed the Coronavirus Act on Wednesday 25 March 2020, to deal with the Coronavirus outbreak. Under this act, tenant eviction has been suspended from 26 March for 90 days.
Tenant eviction cannot take place for tenancies or a licence which is under the Rent Act 1977, the Housing Act 1985, the Housing Act 1996 and the Housing Act 1988.
The changes apply to England and Wales and will remain in force until 30 September 2020, unless the time limit is extended.
A landlord wishing to evict a tenant, with an active existing possession claim. Will be able to kick start the process again, through the courts in June when the ban is lifted.
Yes, you can. However, you must give at least 90 days’ notice for section 21 or section 8 notice, in compliance with the Coronavirus Act 2020. All British Landlord Association members have unrivalled support through this extra-ordinary Covid-19 period. Our Member helpline is open 7 days 9.30 to 5 pm.
Tenant Eviction Pre-action protocol requirement for private landlords
UK Government is likely to introduce as a part of the tenant eviction process, a Pre-action protocol for private landlords.
The draft proposal, for the Pre-action protocol, has not been released yet. The Pre-action protocol is likely to be similar, to the one currently used by social landlords.
Housing Pre-action protocol is a set of do rules before a landlord should consider, evicting a tenant. The process helps both parties, to see if issues can be resolved, without a court’s intervention.
A Landlord who fails to comply with the Pre-action protocol, risk their possession claim delayed, or struck out.
Tenant eviction process should not be considered, until the landlord has all documents, to demonstrate the pre-action protocol has been complied with.
Mr Sajjad Ahmad, the CEO of the British Landlords Association, said: “We welcome the Pre-action protocol if introduced, the protocol has worked very well for social landlords, and it does assist both parties.
“Some private residential landlords may be concerned about how this protocol will impact them. I have dealt with many social landlord tenant eviction cases over the years. In my opinion, the protocol will aid the landlord, reduce evictions and renters and landlords will have a better understanding of each other. The protocol brings both parties together, even if its to agree, to disagree” he said.
Source: British Landlords Association
Author: Sarah Featherstone
Date: 17th of April 2020
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