Residential Tenant Evictions

Tenancy Evictions

If you have a tenant that you need to be legally evicted, you will need to prepare and serve the relevant Eviction Notices. If appropriate, both Section 8 and Section 21 Notices will be served. This step is usually enough to ensure your tenant leaves the property within the required time frame.

Tenants with an assured shorthold tenancy can be evicted using a Section 21 or 8 notice, or both. We advise you to serve your tenant with both.

  • Use a Section 8 notice if your tenants have broken the terms of the tenancy. Typically, this will include rent arrears, damage or disrepair, or becoming a nuisance to neighbours or fellow tenants.
  • Use a Section 21 notice after a fixed-term tenancy ends (if there is a written contract). Or, during a tenancy with no fixed end date (known as a 'periodic' tenancy).

To recover possession of your property legally, an Eviction Notice must be served correctly, especially if it is considered that a pending eviction may need to be enforced in court. Getting things wrong can invalidate the process, resulting in a new notice period (typically two months) and therefore, costly delays.

If your tenant does not adhere to the Section 21 or Section 8 Notice and vacate as directed, you may need a Bailiff to evict your tenant.

Instead of waiting months-on-end for a County Court Bailiff to evict your non-cooperative tenant, you can ask permission from the County Court to 'transfer up' to the High Court (under Section 42 County Courts Act 1984). This can be asked at your possession hearing.

Alternatively, save time and come to Elite Enforcement Services, and we'll do the paperwork and speak on your behalf to the High Court. Legal advice can also be given at an additional cost. 

Don't wait months on end to regain your property. Instruct Elite Enforcement Services today.

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Evictions from HMOs

If you are the owner of a registered HMO (House of Multiple Occupancy), there may come a time when you need to evict a tenant mid-term of their tenancy agreement. Whether this be the entire group of tenants, or a single individual, then Elite Enforcement Services can assist in having them removed from your HMO.

Typically with HMO's, this will be because of noise disturbance, being a nuisance, damage to the property, or rent arrears.

If the notice period expires and the tenant doesn't leave the property, this is the point to engage with a professional company such as Elite Enforcement Services.

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Occupiers not entitled to a court order:

Most residential occupiers can only be evicted if the landlord obtains a possession order and enforces it via a warrant or writ of possession.

However, some tenants and licensees can be peaceably evicted without the need of a court order. They are referred to as "excluded occupiers."

If you are a landlord and have issues with one of these occupiers and need help to lawfully evict them then Elite Enforcement Services may be able to help you.

These are people who share living accommodation with a resident landlord and homeless applicants in interim accommodation.

If the occupier has a written agreement that specifies a notice period, then the landlord must give this notice in line with the agreement this may be 7, 14 days etc

Common law rules can be applied if there is no clause about notice or no written agreement therfore are not protected as say as someone with an assured tenancy agreement.

What is an Excluded occupier:

If the agreement does not specify a notice period then the period of notice must be the same as the rental period, for example a week's notice for a weekly tenancy etc. The notice must expire on the first or last day of a period of the tenancy.

There is no prescribed form and the notice does not to be in writing unless specified in the agreement.

If the agreement does not specify a notice period, then the landlord must give reasonable notice. Again this does not need to be in writing.

You can peaceably evict the occupier once the excluded tenancy or licence ends. For example, once a notice has expired, the landlord can change the locks while the occupier is out.

The landlord may be committing an offence if it becomes violent. It is an offence for any person 'without lawful authority' to use violence against someone else to secure entry to premises where there is someone present opposed to entry.

So don't risk getting yourself into this situation and call Elite Enforcement Services, the professionals to undertake that difficult task for you.

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Residential Eviction Instruction Form

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We only accept BACS payments for services.

All payments to yourselves are made pro rata.

All payments should be directed to us from the debtor so that we have full control of your case and payments. If any payments are made to yourself from the debtor, you must declare it to us immediately so we can amend the balance/payments pro rata.

All fees are collected first and foremost.

If any payment made by yourself is recalled, even if it's out of your control, you agree to pay back those funds with immediate effect. During this period, your account will remain unpaid.

A Late payment charge of £25 will be applied to all late payments and 8% per annum of the total debt.

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Heather Rose

We have used Elite Enforcement Services to serve papers for us.  Mark is prompt, professional and goes the extra mile to get the job done.  Excellent service and well recommended.

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Saranjit Minhas

We used Mark of Elite Enforcement Services to assist with supervised access into a property  by a former tenant. Mark was able to deal with the matter on short notice, he was professional, calm and knowledgeable. Despite a couple of challenges, Mark’s calm but no-nonsense demeanour meant the matter was dealt with quickly and without unnecessary upset. We would definitely recommend Elite Enforcement Services, and will be using them for our tenancy issues going forward.

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Sanjay Jand

Excellent prompt professional service

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