Renting out residential property could be an ideal future investment.  However occasionally you may need to remove a Tenant from your property.  Richard Howells, Associate Solicitor at JCP Solicitors, explains more:

Bad payment history, failure to look after the property or simply because you now wish to sell the property or move into the property yourself are just a few reasons why you may need your Tenant to leave.  This can become a very stressful and time consuming exercise, especially if handled incorrectly.  Often, it is the uncertainty of knowing which actions need to be taken that cause the most concern.

Initially the most important action is to ensure that the Notice to Quit the property that is served on the Tenant is properly prepared. Any other attempt to force the Tenant to leave may give them the opportunity to bring legal action against you for unlawful eviction and damages, which in such cases can sometimes run to several thousand pounds.

If your Tenant should still refuse to vacate after you have served the appropriate Notice to Quit, you will need to issue Court proceedings. Depending on the grounds for possession you are seeking to rely upon, the Court may have discretion as to whether to make a Possession Order.

If the Possession Order is made and your Tenant should still fail to vacate the property by the date set out by the Court, you should still not attempt to remove them from the property yourself. The Court Bailiff is the only person who has the right to use reasonable force and therefore an application for Bailiff enforcement of the Possession Order will need to be made. The timescale for the Court Bailiff order is approximately 2-6 weeks depending upon the backlog.

The process for removing a Tenant from your property may prove to be stressful, expensive, time consuming and complicated. Specialist legal advice is essential to ensure you stay on the right side of the law and get the result to which you are entitled. 

For an informal discussion and a quotation, please contact Richard Howells on 01792 529614 or email richard.howells@jcpsolicitors.co.uk