Property Evictions
Expert Property Eviction Solicitors | Lawful Tenant Removal
Evicting tenants requires strict legal compliance and procedural accuracy. Our specialist property litigation team guides landlords through every stage of the eviction process, from serving notices to possession hearings. Whether dealing with rent arrears, antisocial behaviour, or seeking possession at tenancy end, we ensure lawful and efficient property recovery.
Contact us: 0203 909 8399 | Book a Consultation
Understanding Property Evictions
Property eviction in England and Wales follows strict statutory procedures that protect both landlord and tenant rights. Most residential tenancies are Assured Shorthold Tenancies (ASTs), requiring specific notice periods and grounds for possession. Improper procedures can lead to delays, dismissed claims, and financial penalties, making professional legal guidance essential for successful outcomes.
Common Reasons for Eviction
Landlords typically seek possession due to:
- Rent arrears accumulation
- Breach of tenancy terms
- Antisocial behaviour
- Property damage
- End of tenancy period
- Landlord requiring property
Types of Eviction Notices
Section 21: No-Fault Eviction
Non-fault based possession route:
- No allegations required: Simple possession claim
- Minimum 2 months' notice: Statutory requirement
- Fixed term or periodic: After initial period
- Strict conditions: Deposit protection essential
- Compliance documents: Gas safety, EPC, How to Rent
- Automatic possession: If properly served
Section 8: Fault-Based Eviction
Breach-based possession grounds:
- Ground 8: Two months' rent arrears
- Ground 10: Some rent arrears
- Ground 11: Persistent late payment
- Ground 12: Tenancy breaches
- Ground 14: Antisocial behaviour
- Variable notice periods: Depends on grounds
The Eviction Process
⚠️ Critical Compliance Requirements
- Deposit protection: Must be properly secured
- Safety certificates: Gas, electrical, EPC required
- Prescribed information: All documents served
- Notice accuracy: Dates and format crucial
- Court procedures: Strict timelines apply
Step-by-Step Eviction Procedure
1. Serve Correct Notice
- Choose appropriate notice type
- Calculate notice periods correctly
- Use proper form and format
- Serve according to agreement
- Retain proof of service
- Comply with all prerequisites
2. Issue Possession Proceedings
- Accelerated procedure: Section 21 only
- Standard procedure: Section 8 or money claims
- Court application: County Court filing
- Supporting evidence: Documentation required
- Court fees: Currently £355
- Service on tenant: Court handles
3. Possession Hearing
- Evidence presentation
- Tenant defences considered
- Judge's discretion applied
- Possession order terms
- Outright or suspended orders
- Money judgment possible
4. Enforcement by Bailiffs
- Warrant application required
- Court bailiff appointment
- High Court enforcement option
- Eviction date notification
- Physical removal if necessary
- Property secured
Common Eviction Pitfalls
Procedural Errors
Critical mistakes to avoid:
- Incorrect notice dates
- Invalid notice templates
- Deposit non-compliance
- Missing safety certificates
- Retaliatory eviction claims
- HHSRS disrepair issues
Legal Consequences
- Case dismissal
- Significant delays
- Cost orders
- Compensation claims
- Criminal liability
- Unlawful eviction charges
Tenant Rights and Landlord Obligations
Protected Rights
- Proper notice periods
- Court process requirement
- Defence opportunities
- Protection from harassment
- Peaceful enjoyment
- Disrepair counterclaims
Unlawful Eviction
Illegal actions include:
- Changing locks
- Removing possessions
- Cutting utilities
- Physical force
- Intimidation tactics
- Harassment
Antisocial Behaviour Cases
Ground 14 Applications
- Criminal activity
- Noise nuisance
- Drug offences
- Violence or threats
- Property damage
- Neighbour harassment
Emergency Actions
- Injunction applications
- Without notice orders
- Power of arrest attached
- Exclusion zones
- Criminal prosecution
- Multi-agency coordination
Current Court Delays
Post-Pandemic Impacts
- Court backlogs persist
- Extended waiting times
- Bailiff appointment delays
- Regional variations
- Priority case criteria
- Alternative dispute resolution
Strategic Planning
- Early intervention essential
- Pre-action protocols
- Settlement negotiations
- Mediation options
- Court time management
- Contingency planning
Our Eviction Services
Pre-Action Support
- Tenancy agreement review
- Compliance audit
- Notice preparation
- Service guidance
- Evidence gathering
- Risk assessment
Court Proceedings
- Application drafting: Possession claims
- Court representation: Hearing attendance
- Evidence presentation: Witness statements
- Defence responses: Counterclaim handling
- Order enforcement: Bailiff coordination
- Appeals management: If required
Rent Arrears Recovery
Money Claims
- Debt calculation
- Interest addition
- Court costs recovery
- Judgment obtaining
- Enforcement options
- Asset tracing
Recovery Methods
- Attachment of earnings
- Charging orders
- Third party debt orders
- High Court enforcement
- Bankruptcy proceedings
- Insolvency options
Why Choose Connaught Law
Property Litigation Expertise
- Specialist eviction team
- Court experience
- Complex case handling
- Emergency procedures
- Multi-track litigation
- Strategic advice
Service Benefits
- Fixed fee options
- Transparent pricing
- Quick turnaround
- Regular updates
- Practical solutions
- Risk mitigation
Act Now - Secure Your Property
Common Questions
How long does eviction take?
Typical timescales vary: Section 21 accelerated proceedings may take 8-12 weeks, while Section 8 cases often require 4-6 months. Court delays and tenant defences can extend these periods significantly.
What if my tenant won't leave?
Never attempt self-help eviction. Once a possession order is obtained and expires, apply for a warrant. Only court-appointed bailiffs can legally remove tenants who refuse to vacate.
Can I evict during winter?
There's no legal prohibition on winter evictions, but courts may show more discretion regarding vulnerable tenants. Local authority involvement may be required for families with children.
Next Steps
Property evictions demand strict legal compliance and strategic planning. Our specialist team ensures lawful possession while minimizing delays and costs. From serving initial notices to coordinating bailiff enforcement, we manage every aspect of the eviction process.
Call 0203 909 8399 or
book online for expert eviction guidance.