Why should a Landlord instruct a solicitor to evict tenants?

A landlord may then feel well equipped to independently proceed to evict a tenant and for financial reasons this may appear initially beneficial. However, despite the initial optimism, there are many reasons why it may be prudent to instruct a solicitor to act on the landlord’s behalf.

We consider below five reasons why a landlord should consider the instruction of a solicitor to evict a tenant:

The Notice Seeking Possession

The two most commonly used procedures to evict a tenant, contained within section 8 and section 21 Housing Act 1988 respectively, both require the provision of a notice upon a tenant. It is paramount that the notice seeking possession is accurately completed, the correct form used and the corresponding notice periods respected. There are also specific rules for how the notice must then be served upon the tenant. One of the most common reasons for the dismissal of a possession claim is due to the invalidity of the notice seeking possession.

The courts are notoriously and understandably pedantic when determining the validity of the notice of possession. A solicitor can ensure that a legally compliant notice is drafted and served upon a tenant to avoid unnecessary delays in re-serving such and consequently observing a further notice period.

Documentation

If court proceedings prove necessary when making use of the section 21 procedure, a landlord must have ensured that the documents required by legislation were served upon the tenant at the commencement of the tenancy. If the correct documents were not served, the court are again likely to dismiss a landlord’s claim and any costs incurred in issuing proceedings to evict the tenant will be wasted.

Furthermore, legislation exists under which a tenant can seek up to three times their monthly rent from a landlord in the event that a tenant was not served with the required documentation at the outset of the tenancy, or instead, if the landlord failed to protect a tenant’s deposit in accordance with legislation.

An instructed solicitor can advise you as to whether your documentation is legally compliant at the outset of the matter. If the documentation held is incomplete, a solicitor can then guide you as to the available options in overcoming any obstacle to prevent the service of an invalid notice or the issuing of a defective claim.

Contested Court Proceedings

Within both the section 8 and section 21 procedure, the tenant will be afforded the opportunity to enter a defence to any court proceedings brought by the landlord.  The tenant may refuse to vacate completely, seek further time to remain in possession of the property or instead enter a counterclaim alleging that the property was, for example, dilapidated.

If the tenant then chose to issue counterclaim against the landlord, a landlord may find that a significant amount in damages is sought from them by the tenant. In addition, a tenant may contact the local authority who may then also take additional action against the landlord.

A solicitor can of course advise you as to the most suitable course of action in the event that court proceedings become contested and may also represent you at any subsequent hearings.

Relationship with Tenant

Owing to the nature of evicting a tenant from a property, direct communications between a landlord and can often become emotionally charged. Unfortunately, as a consequence, a tenant may no longer wish to co-operate with the landlord and may opt to remain in possession of a property until removed in the knowledge that a landlord faces additional inconvenience and costs in evicting them.

The instruction of a solicitor on a landlord’s behalf can ensure that any communications with a tenant are both legally correct and firm whilst, simultaneously, working towards any potential early resolution of a matter with a tenant.

Illegal Eviction

To illegally evict a tenant amounts to a criminal offence punishable by up to two years’ imprisonment and/or an unlimited fine.

An illegal eviction occurs when a landlord evicts a tenant having failed to follow the applicable legal procedure correctly. Other examples of an illegal eviction include a change in the locks by the landlord during the tenancy, or the extension of threats to a tenant to vacate from the property.

A solicitor can manage a landlord’s claim to ensure that the legal procedure is appropriately followed and will be available to answer any questions had in the event that a landlord was unsure of how most appropriately to address the conduct of a tenant.