How To Legally Regain Possession of Your Property From Bad Tenants

Most private tenants are respectful toward their landlord’s property and possessions. However, if a tenant exhibits disruptive behaviour, damages fixtures, fittings, or the fabric of the building, accrues rent arrears without discussing a payment plan, or refuses to leave at the end of their tenancy, you may need to resort to legal action to regain possession.

It is often thought that the eviction of a tenant is an expensive and long drawn out affair – designed to protect tenants from unfair treatment by landlords. Sometimes, the process can be time-consuming, particularly if the tenant disputes the eviction. However, with professional property dispute advice, it is possible to secure possession of your property quickly and with minimal expense, whether there is evidence of misconduct or inappropriate behaviour by the tenant, or not.

How Long Is The Eviction Process?

The length of the eviction process can vary considerably, depending on the complexity of the case, the level of communication between the landlord and the tenant, and whether the tenant disputes the eviction notice.

Generally, an eviction can take between 14 days and six to eight months to complete. If professional legal advice is sought from the outset, it may be possible to complete the eviction over a shorter timescale, saving the landlord time and money.

How Much Is An Eviction?

For landlords needing to evict a tenant, the cost of the process is, of course, a concern. At Astle Paterson we seek to provide you with a fixed price from the start, to give you peace of mind.

For the quick eviction of tenants the most cost-effective way is for both parties to discuss the situation to find a timely resolution. However, if the tenant-landlord relationship has broken down and become acrimonious, this may not be possible, and landlords may have no option but to take the dispute to court.

What Steps Are Involved In An Eviction?

In a tenant eviction, there are usually three steps. Not all steps will be necessary; however, as the process is progressive, the more steps that are required, the longer the eviction will take.

• Step 1: A legal notice is served, either a Section 8 or Section 21 notice. The tenant may choose to vacate the property at this stage, and is given between 14 days and 2 months to do so.
• Step 2: Court proceedings are started. If the tenant refuses to leave, a Possession Order must be sought by the landlord. The whole Court process can take between 1 – 4 months.
• Step 3: A Warrant of Possession is issued by the County Court which bailiffs can enforce. This may take between five and ten weeks, depending on how busy the Court is and their available resources.

Wishing To Evict a Problem Tenant? Contact Astle Paterson Today.

At Astle Paterson, our landlord-tenant dispute solicitors can assist with all your tenancy problems, including using mediation as a fast and effective way to secure a peaceful eviction of your tenants. To find out more, please call us on 01283 531366 or email enquiries@astlepaterson.co.uk.

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