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London Bailiff Services work hard to safeguard the interests of the landlord and enforce the possession order strictly under the civil procedure rules. It’s critical that these rules, as well as the rigorous legal requirements, are followed precisely since any deviance from them might be deemed illegal. In this situation, the landlord would be vulnerable to a possible counterclaim from the tenant who has been evicted.
If you have not yet applied for a County Court possession order, London Bailiff Services partnership lawyers and solicitors at London Eviction Service can assist landlords with that procedure. As a matter of course they will request to transfer the order once granted to the High Court at the same time as the initial application.
It is critical that the papers are correctly completed and that proper wording is used, that is why London Bailiff Services only collaborate with expert, fully regulated solicitors who deal with the preparation of possession actions on your behalf. Under the Housing Act 1988, there are two legal routes to evicting a tenant:
A Section 8 eviction notice – If a tenant has missed rent payments, damaged the property or otherwise broken their tenancy agreement, eviction proceedings by using Section 8 of the Housing Act 1988 can be commenced.
A Section 21 eviction notice – Once the initial fixed-term period of a tenancy is ended, a Section 21 notice requiring possession the property can be served. You don’t have to provide any reason for claiming possession for assured shorthold tenancies.
Both notices can be served simultaneously and court proceedings subsequently commenced on one or both notices, although some courts will only allow one or the other. Our partnership solicitors will prepare and serve the relevant notices and issue court proceedings under the most appropriate schedule.
If you want to evict your tenant and claim back unpaid rent or damages, standard route claims are submitted. There will be a court hearing but London Bailiff Services will ensure you have expert representation.
You can apply for an accelerated possession order if you are not claiming any unpaid rent. This is often quicker as there is usually no court hearing, however if the tenants file a defence the court will list a hearing. Again we are on hand to represent you.
After the a court order for possession is granted, the tenant has a specified time (usually 14 days) to vacate the property. If the tenants do not leave on their own accord, London Bailiff Services can complete the eviction procedure on your behalf. If leave is granted to do so, the possession order can be transferred to the High Court, and a writ obtained. The eviction can be carried out after the required notice period, in as little as 24 hours. If you have an existing possession order, this may be done on the Fast Track route.
You can instruct London Bailiff Services to provide you with post-eviction services such as inventory checking, rubbish clearance, and boarding up as part of this service.
Our high success rate obtaining possession is an indication of the quality of tenant eviction service we provide. With everything from initial serving of notice to physical eviction all being at one point of contact makes the entire London Bailiff Services tenant eviction process as stress free as it can be.
I confirm that I / my organisation wish to instruct London Bailiff Services and their lawyers and agents to acton my /my organisations behalf in relation to the issuing and signing of notices and such court proceedings as required to obtain an order for possession of the premises detailed above. I have authority to provide instructions on behalf of my organisation.
