Tenant Eviction
We provide a tiered service, which in most instances results in cases being resolved at an early stage, thus reducing costs and quickly returning the property back to the landlord.
Agent Assist has a wealth of experience and skills in protecting landlords where they are experiencing such difficulties. The aim is to ensure those not accountable for their actions are removed from the property with minimal fuss and financial loss to the Landlord.
The service that we offer is a three stage service with a fee attached to each level. In many cases only the first stage is necessary thereby reducing the cost to the landlord and more quickly returning the property with back to the landlord.
NEW!! Action Letter: Action letter to tenants
Action Stage One: Service of Notice(s) to tenant
Action Stage Two: Preparation of Court Papers and Attendance at Court
Action Stage Three: Bailiff to remove tenant and Lock Change
Agent Assist are able to operate a fixed fee system on the basis that almost 90% of the cases that we deal with are not defended by the tenants. Where a defence and/or counterclaim is submitted by your tenant, we will agree fees to act on your behalf or are happy to move the case to the solicitor of your choice.
We conduct tenant evictions throughout the Country and have a team of 200 legally qualified advocates who appear in court to secure the possession of property back from tenants.
Because of the number of advocates we have we are able to guarantee attendance at any Court on any date provided we are given 5 days notice of the hearing date.
Action Letter
Action Letters are issued by Agent Assist. They can be very effective if your tenant(s) fall into one of the following categories:
- Rental payments are generally up to date however payment is sporadic or late.
- There are rent arrears of less than two months' rent if the rent is due monthly or less than eight weeks if the rent is due weekly
- The tenant is not maintaining the property to a satisfactory standard
- The tenant has breached one or more of the covenants within the tenancy agreement
You may not wish for your tenant to be evicted at this point nor for proceedings to be brought against them. However the situation may very well benefit from a strong letter from a third party to bring them back on track.
Service of Notice(s)
Within 48 hours of instructing Agent Assist, one of our staff will draft, prepare and serve a notice on your tenant. Immediately they will realise that the landlord is taking the arrears situation seriously and in most cases this may be all that is required in order to remedy the situation.
Once the notice is served the tenant has 14 days to pay the arrears of rent or vacate. Should this not have the desired effect we move to Action Stage Two
What is a Section 21 Notice? »
What is a Section 8 Notice? »
What is an AT6 Notice? »
Preparation of Court papers and Attendance at Court
Within 48 of the expiry of the initial notice we will arrange for a firm of solicitors to draft, prepare and submit papers to the Court to instigate formal legal proceedings to recover the arrears of rent and possession of the property. A date is set to appear before the Judge and one of our appointed advocates will attend the hearing.
Invariably the Court will award the landlord a judgment for the debt, costs and possession of the property. It is a very stubborn tenant who will not comply with a direction of the Court.
On the rare occasion that the tenant is still in occupation beyond the date set by the Court then we move to Action Stage Three.
Bailiff to Remove Tenant & Change Locks
On the rare occasion that the tenant is still in occupation beyond the date set by the Court then we move to Action Stage Three — Bailiff to remove tenant and change locks.
Agent Assist will arrange for a bailiff of the Court to physically remove your tenant and return the property back to you.
Warrant of possession
An order for possession is enforced by a warrant of possession. This authorises the county court bailiff or in certain circumstances a High Court Enforcement Officer to evict the tenant from the property.
The warrant is delivered to the county court bailiff, who will visit the premises and notify the tenant of the date and time of the eviction. This gives the tenant further time to find somewhere else to live, and usually tenants move out after this initial visit by the bailiff.
It is possible for tenants to apply to the court to set aside the original order for possession, as well as staying the warrant of possession. This tactic is frustrating for landlords, but is only possible if the order for possession was made on a discretionary ground for possession. If the tenant is still in the property at the time of the eviction, the bailiff may only use such reasonable force as is necessary to evict him.
Warrants of restitution
It is not unknown for persons evicted by warrant of possession to return to the house after the eviction. If this happens, it is not necessary to issue fresh proceedings. Instead the landlord can apply for a warrant of restitution, which is basically another warrant of possession. The bailiff will return to the property and evict the tenant once again.
In practice, this rarely happens if the landlord has been careful and changed the locks since this would constitute re-entry by force which, again, is a criminal offence for which the ex-tenant could be arrested.
Be aware the foregoing relates to the possession of residential premises and different rules apply for commercial property.
