Should you use a professional eviction specialist?
Landlords may consider whether or not to enlist the services of a professional eviction specialist to navigate the legal requirements and ensure a smooth and successful eviction
Unless you’re confident handling the case yourself in court we recommend that you use the services of a reputable eviction specialist who is regulated by the Solicitors Regulation Authority.
Total Landlord’s partner, Landlord Action, is one of the UK’s best known eviction and housing law specialists and regularly takes on cases that have been thrown out of court because the original documents had errors or were filed incorrectly.
The goal of any landlord is to get their property back as quickly as possible and even the tiniest compliance mistake can be costly both in time and money, so using a professional is usually the preferred option.
Paul Shamplina, Founder of Landlord Action, who originated the three-step fixed fee eviction process, has been in the eviction business for over 25 years helping thousands of landlords with their problem tenants.
Here, Paul offers his tips on the right way to go about evicting an unwanted tenant.
Serve prescribed information and protect your tenant’s deposit - landlords can’t serve a Section 21 notice if they haven’t protected their tenant’s deposit in one of the government backed schemes such as mydeposits,
Total Landlord’s partner. So always make sure you do this at the start of the tenancy in addition to providing tenants with an Energy Performance Certificate, a Gas Safety Certificate and a copy of the Department for Communities and Local Government’s booklet entitled ‘How to Rent: the checklist for renting in England’. You must also be compliant with The Deregulation Act 2015 and if applicable, hold a valid HMO licence. Find out more in our article, ‘What is licensing - and do I need a landlord licence to let my property?’
Communication trail - always keep a record of communication between you and your tenant, and if you have a phone, call to discuss any issues, such as late payments or anti-social behaviour. Follow this up in writing with a letter or email. This could be used as evidence in court.
Make contact - if you have a reason to evict your tenant, such as rent arrears, always try to make contact first to see if you can reach a resolution. Sometimes tenants default through no fault of their own and communication can help to solve the problem before it is taken any further.
Mediation is where an impartial person who won’t take sides helps to agree a solution that works for all parties by listening to what both parties have to say. Total Landlord’s partner, The Property Redress Scheme Tenancy Mediation Service, can help landlords (or their agents) agree a solution to a dispute with their tenant(s) about tenancy related issues. These issues could relate to rent payments and arrears, or other issues that have arisen during the tenancy.
Mediation brings both common sense and expertise to find solutions that work for both landlords and tenants and is usually cheaper and quicker than going to court, with disputes being solved within, on average, 5-10 working days.
It’s cost-effective too – parts of the process are free, and currently, costs that do apply are limited to:
£25 inc VAT where the tenant does not want to take part in mediation – the PRS Tenancy Mediation Service writes you a report that can be used at court.
£200 inc VAT where the tenant does want to take part in mediation. It shows you’ve been reasonable by trying to sort things out before going to court. Where mediation is successful and agreement is reached you will not need to go to court at all – saving many months’ time, cost, and inconvenience.
Contact Landlord Action’s team of solicitors and legal advisers on 0371 454 2658 or visit the website for more information.
For more information on evictions and navigating a successful tenancy, download our evictions episode of The Property Cast with special guest Paul Sowerbutts, Head of Legal at Landlord Action, who explains the current eviction process, how landlords can avoid the common pitfalls, and the implications for landlords and tenancies of scrapping Section 21 and changing Section 8.
