Here at Seatons, we can act for both landlords and tenants, and our team has a variety of experience and knowledge to ensure the best result for you with the minimum inconvenience.
If your tenants are causing you issues, or you just want the property back for your own use, there is a legal pathway that must be followed. You cannot just change the locks and remove the tenant.
Contact us to have a no obligation chat at our Corby office on 01536 276300 or Kettering 01536 311690 or use our online enquiry form.
On the most part, renting out your property to tenants causes no issues, but you may come across a situation where a tenant does not intend on leaving your property. This could be the end of a fixed term tenancy, or just simply wanting the property back. Can you evict your tenant?
If you would like more specialist advice relating to your legal position as a landlord, please do not hesitate to get in touch.
If you want to evict a tenant, there is a strict procedure that must be followed. This depends on the type of tenancy agreement in place. If you don’t follow the procedure then you could be guilty of harassment or illegally evicting your tenant.
With an Assured Shorthold Tenancy (most common) with no fixed end date, to regain possession, you will need to serve a Notice to Quit with a date to leave the property. If the tenants do not leave on that date, you must apply to the Court for a Possession Order.
If there is a fixed term in the Assured Shorthold Tenancy, you have to give your tenants notice in a specific way. Again, if the tenants do not leave, you have to apply to the Court for a Possession Order.
If you have an excluded tenancy or licence, you don’t have to go to Court to remove the tenant. This is usually if your tenant actually lives with you. You still have to provide reasonable notice. If the tenant doesn’t leave, you can change the locks on their door, but there is a strict procedure to follow and shouldn’t be done without legal advice.
There are several different ways to obtain a Possession Order and each has their own rules. If you fulfil certain conditions, you can do what is known as an accelerated possession which is quicker and doesn’t usually require a Court hearing.
With non-accelerated possession, the process takes a bit longer, and it is more than likely that a Court hearing will take place. The matter surrounding the eviction is usually more complex.
If the Court issues a Possession Order, your tenants will normally have 14 or 28 days to leave the property. This can be extended to 42 days in exceptional circumstances. If the tenant does not leave, you can use bailiffs at this point.
Specialist Landlord Services
My name is Carol O’ Leary. I am a lawyer who specialises in landlord and tenant legal services. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.