Evicting tenants from your property is not an easy feat. There’s a complete legal procedure to follow. Even after getting your property vacated, you will still need eviction cleanout Benicia CA services to get rid of all the junk that they have left.
The authorities in the UK have specified a complete procedure following which you can evict tenants from your property. In this article, we have discussed important details about this procedure. Take a look:
How to Start the Eviction Process?
The process starts with giving the tenant a section 21 or section 8 notice. This is mandatory according to the House Act 1988. The purpose of this notice is to inform the tenant that the landlord wants the possession of their property back.
If you are giving the section 21 notice, there’s no requirement to provide the tenant with a specific reason to vacate the property. However, the notice period must be given for 2 periods and it should be in written form.
The section 8 notice, on the other hand, is given to tenants who have broken terms of the tenancy contract or are rent payments pending. If the tenant isn’t guilty of any of these doings, they can challenge this notice in court. Therefore, it can be quite a lengthy process.
It is important to hire legal help if you are serving notice 8 or 21 to your tenants.
What to Do When the Tenant Refuses to Vacate the Property?
The landlord reserves the right to get a possession order from the court if the tenant refuses to vacate the property on the specified date mentioned on the notice document.
In a situation when the property owner wants eviction and makes the rent arrears claim at the same time, the standard possession order can be used. The total length of proceedings depends on the type of the notice period (Section 8 or Section 21). However, generally, it takes somewhere between 4 to 6 months.
After the possession order has been issued, the court gives tenants 28 days during which they have to vacate the property.
Accelerated Possession Order
The lengthy duration makes it an unsuitable procedure if you want quick possession. So, if you want a quick possession, an accelerated possession order makes for the right choice. It is applicable in case the tenant was served the Section 21 notice. However, in case you intend to make a claim for arrears, you wouldn’t be able to use this notice.
Requirements for Accelerated Possession Order
General requirements to follow when applying for an accelerated possession order include:
- Written tenancy agreement
- Assured shorthold tenancy contract
- Completion of the notice period as per the Section 21 notice
Furthermore, the landlord cannot require the tenant to empty their property before their fixed tenancy term has ended.
This procedure is considered to be quick since it doesn’t require a court hearing. This means that the judge only takes into consideration the relevant documents and finalise their verdict.
What Happens After the Claim?
After the court has issued the claim, the tenant receives the application’s full copy. They are then given a 14-day period to reciprocate to the claim. If they need any time, they should specify the reasons supporting their request. If the tenant is able to provide a defence supported by serious matters, a hearing may be scheduled.
This is where the process can become lengthy. It may continue for as long as four months because it’s tough to get a hearing date. However, in case, the tenant isn’t able to provide solid defence, the judge can issue the possession order. It will take a couple of months for the landlord to receive it.
Once this notice is issued, the tenant is given either 14 or 28 days to leave the property, starting from the possession order date. This possession order is also termed an outright possession order.
In the case the tenant still doesn’t vacate the property after the deadline, the court can instruct the bailiff to evict the tenant.
By following this complete procedure, the landlord can reclaim their property and use it the way they desire to. However, the trouble usually doesn’t end here. Most tenants leave huge junk piles behind after they leave the property. It can be a real struggle for the landlord to get rid of this junk. However, a professional junk removal company can help in this regard. You can find a lot of them in your area. But, if you’re looking for the best one, choose 3 Kings Hauling & More. Experienced professionals will visit your property with the latest supplies and take all the junk away.