Tenant Eviction Solicitors in London

Are you a landlord in need of assistance with serving the correct notice to a tenant or beginning possession proceedings? Or are you a landlord looking to reclaim outstanding rent?

At OTS Solicitors, our tenant eviction solicitors in London have the specialist expertise and experience to offer advice and representation tailored to your individual circumstances.

No matter where you are based in the UK or if you are a landlord living overseas, we can advise you on landlord and tenant law and your rights, offering support over the phone and via videoconferencing software such as Zoom and Microsoft Teams.

For a detailed discussion regarding eviction/possession proceedings or to book an appointment with one of our tenant eviction specialists, please call us now on 0203 959 9123.

OTS Solicitors offer a dedicated litigation department, advising landlords on eviction and possession services including:

• Section 8 Notices
• Section 21 Notices
• Possession proceedings
• Enforcement proceedings
• Claims for unpaid rent

Speak to our tenant eviction solicitors today

We can discuss evicting a tenant at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our tenant eviction solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our landlord legal advice services for evicting a tenant

Our specialised department can provide expert landlord advice on tenant evictions and represent you in the pre-action stages of eviction including serving prescribed notices, negotiation, repayment schedules for outstanding rent and settlement offers. We aim to avoid complex and lengthy litigation processes and approach each case with a view to negotiating suitable settlements and results for our clients in the shortest timeframe possible.

Fees for eviction and possession services

To ensure our clients have a clear understanding of the hourly rates and fixed fees we quote per case, we have set out below the costs of our services with a range of fees to accommodate work that spans both straightforward and complex or highly complex cases involving multiple tenants and HMO’s.

Our landlord solicitors’ consultation rates are £140 (+ VAT if applicable) for a 40-minute consultation and £210 (+ VAT if applicable) for a 60-minute consultation. This meeting will take place in confidence between yourself and one of our qualified lawyers to establish the full details of your specific circumstances; taking down your full instruction; we will consider all the applicable legislation, policy and any case law that will need to be taken into account in to your case; we will finally have a detailed discussion to advise on your options and merits of success in your case.

This will involve the perusal of documentation including tenancy agreements, communications between parties, agency contracts and detailed chronologies.

A costs-benefit analysis and a full explanation of our duties towards you will be provided, with plenty of time for you to ask any further questions for clarification before the end of the consultation.

Following the initial consultation, the following fees may apply:

Pre-action process to evict a tenant

On average, costs range from £600 (plus VAT) depending on the fee-earner’s hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

The work will involve (but is not limited to):

• Discussing your circumstances in detail and confirming what the realistic prospects are for recovery of unpaid rent and what other options may be available to you
• Providing you with detailed advice about the law applicable to rent recovery, timescales and whether the case has the required merits to bring a successful conclusion
• Considering the supporting evidence you have provided, including accounting records, correspondence, contracts and agreements and, where necessary, helping you obtain further evidence (such as disclosure and bank statements), including taking statements of any relevant witnesses
• Preparing the detailed letter of demand and submitting it on your behalf to the concerned parties, reviewing and advising on responses to demands, negotiating and drafting offers and settlement agreements. We will assess and advise you on your claim at each stage to enable the client to make an informed decision on how to proceed.
• We will provide you with detailed advice and assessments about the outcome of each process and any further steps you need to take including any consequences for either party

Serving Section 8 or Section 21 Notices to remove a tenant

In circumstances where the landlord requires possession of the property whether for the purpose of selling or the tenant has rent arrears, our eviction solicitors understand that landlords require representation to ensure that they can take control of their property in the fastest timeframe possible.

We can represent the client with serving the required notice using the prescribed forms and advising you on all eventualities including the next steps to take if the tenant decides to contest the eviction. We will advise on the possession process if the notice is neglected and inform you of the relevant timescales involved with submitting a possession claim with the court.

Landlords should note the following:

Reclaiming possession of your property is not always straightforward and timeframes will vary depending on a number of factors. Landlords are advised not to agree a sale on the property with vacant possession until these matters have been resolved.

Possession court action process

If the Section 8 or Section 21 Notice is ineffective during the initial stages, we can assist you with serving a possession claim with the court. The tenant will usually have a set amount of time in which to provide the court with a defence or enter an acknowledgement.

Costs will start from an average of £800 (plus VAT) depending on the fee-earner’s hourly rate and complexity of the case. All figures exclude VAT unless specifically stated.

Our specialised department will identify the grounds for a possession by carefully considering the nature of the tenancy prior to serving the relevant notice under a procedure called Section 21 or Section 8 Notice. We will always ensure that the notice served on the tenant is compliant and contains all the prescribed information required.

The work will involve (but is not limited to):

• Taking your instructions and reviewing documentation such as tenancy agreements and correspondence etc.
• Serving the appropriate notice seeking possession. The first step in starting the court process of a possession application is to file a claim form in the county court. The claim needs to be supported by a particulars of claim document referred to as form N119.
• Issuing a possession claim including drafting and submitting the correct documentation and accompanying the background to your claim for possession including any evidence of rent arrears or anti-social behaviour under Practice Direction 55
• We will draft a claim for rent arrears in addition to the requisite information including (but not limited to) how the rent arrears arose, the amount claimed by the landlord including a copy of any outstanding invoices and further evidence, whether you are claiming any contractual or statutory interest that has accrued upon the unpaid rent and any legal costs being claimed in addition to the unpaid rent and interest.
• Receiving payment and sending onto you
• If payment for rent arrears is not received within a reasonable period, providing you with advice on next steps and likely costs
• Matters usually take a minimum of 8 weeks from receipt of instructions from submission of the initial notice, depending on whether or not it is necessary to issue a claim for possession. This is on the basis that the tenant gives up possession of the property. If enforcement action is needed, the matter will take longer to resolve.

Important: Your ability to recover your legal costs from the tenant is also affected by the value of your claim, in general if your claim is considered small (under £10,000) you can only recover limited fixed costs from the tenant.

These charges are reviewed annually and we will let you know if the rates increase.

All stated fees may be subject to VAT (Value Added Tax) where applicable and this is usually charged at a rate of 20%. However, this may not apply for applicants applying from abroad depending on their individual visa/residency status. Our eviction solicitors will confirm whether VAT is payable when you instruct us and we can work out if VAT is properly chargeable.

Disbursements (not included in costs set out above)

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Some examples of disbursements include (but are not limited to) the following:

• Any court fees for making the possession claim. You will pay this to the court directly as part of the rent arrears claim process. The current court fee for this process is £355
• Where the court has refused or dismissed the claim, advice and assistance in relation to any further work on the matter
• Barristers’ fees which vary depending on the complexity of the matter, the seniority of the barrister and their time spent on the matter. On average this may cost between £650 - £3000 excluding VAT, however, these fees may be significantly higher depending on the level of complexity of the case.

Clients intending to instruct on a claim should note the following:

In relation to legal costs, the VAT on our fee cannot be reclaimed from the tenant. Interest and compensation may take the rent arrears into a higher banding, with a higher cost. The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your rent arrears.

If you need legal advice about starting possession proceedings and securing possession of residential property, then the landlord and tenant team at OTS Solicitors can help you.

Call OTS Solicitors on 0203 959 9123 or complete our online enquiry form for an appointment by video conference or telephone with one of our tenant eviction specialists.

Removing a tenant explained

What is the process of evicting a tenant?

There is a strict process you must follow when evicting tenants in England and Wales. Our specialists can guide you through the process, providing all the support you need. The following are the key steps involved, but please note, this should not be taken as legal advice.

Step 1: Identify what sort of tenancy is in place

If your tenants have an assured shorthold tenancy, then you must follow a set process to evict them (covered below). If they do not have an assured shorthold tenancy, you only need to give them ‘reasonable notice to quit’, which generally means the standard period they pay rent for e.g. if they pay rent monthly, then reasonable notice would be one month.

Step 2: Identify when the tenancy started

If a tenancy began before 27 February 1997, then it might be an assured tenancy or a regulated tenancy. There are different rules for ending these types of tenancy, so you would need further advice on this. If the tenancy started on or after 27 February 1997, then the additional steps set out below should apply.

Step 3: Choose which type of eviction to pursue

There are two legal ways to end an assured shorthold tenancy – with a Section 8 Notice or a Section 21 Notice.

If the tenant has broken the terms of the tenancy, then you can apply for a Section 8 Notice, however, you will normally need to attempt to resolve any points of dispute before serving a notice.

If the tenant has not broken the terms of the tenancy, you can seek vacant possession of the property using a Section 21 Notice. This can be served either at the end of a fixed term tenancy or at any point during a rolling or ‘periodic’ tenancy.

Please note: there are certain circumstances in which a Section 21 Notice cannot be used e.g. if the property is an unlicensed HMO, the council has served an improvement notice on the property in the last 6 months or the tenancy started after April 2007 and the tenant’s deposit has not been placed in an approved deposit protection scheme.

You should always seek legal advice before serving a Section 8 or Section 21 Notice to make sure you have a lawful basis for doing so.

Step 4: Seeking an order for possession

If your tenants do not leave after receiving a properly served notice, then you may need to apply to a court to evict them. If you have followed the correct process, then a court should order the tenants to leave by a set date.

Step 5: Seeking a warrant for possession

If the tenants still do not leave, you can request that a court issues a ‘warrant for possession’, setting a final date by which they must vacate the property.

Step 6: Using bailiffs to regain vacant possession of your property

Should tenants still fail to leave by the date set out in a warrant for possession, then you can have a bailiff evict the tenants for you.

What are the new rules for evicting tenants?

Under the Renters (Reform) Bill currently being considered by Parliament, it was originally proposed that Section 21 Notices would be abolished, getting rid of landlords’ powers to carry out so-called ‘no-fault’ evictions, except in very limited circumstances.

However, there is currently no timeframe for this proposed ban on Section 21 Notices to be introduced and so, as things stand, there has been no change to the rules for evicting tenants.

Can I get a court order to evict a tenant?

Yes, as set out above, you can get a court order telling tenants to leave your property and, if they fail to do so, a court can issue a warrant for possession requiring the tenants to leave, which can be enforced by a bailiff if required.

What is the quickest way to evict a tenant in the UK?

The fastest way to evict a tenant will depend on the situation, but it is important not to be hasty and make sure you are following a legally sound process for an eviction. There are strict rules around tenant evictions in England and Wales and failure to follow those rules could see you facing legal consequences.

What if a tenant refuses to move out in the UK?

As covered above, if a tenant refuses to leave, your options include seeking a possession order and then, if necessary, a warrant for possession which can be enforced by a bailiff.

How to evict a tenant without going to court

You will not necessarily need to go to court to evict a tenant. Both a Section 8 Notice and a Section 21 Notice can be served without the need for court proceedings, although legal advice is recommended to make sure you follow the correct process. Only if the tenants refuse to leave are court proceedings likely to be needed.

How to send an eviction notice to a tenant

You can download standard Section 8 and Section 21 Notices from the government’s website and fill in the relevant details yourself. You will then need to send a copy to your tenant and make sure they have received it.

However, we strongly recommend seeking expert legal advice before doing so as failing to complete the notices correctly or making any other mistakes in the process could slow down the eviction and expose you to significant legal risk.

Speak to our tenant eviction solicitors today

We can discuss evicting a tenant at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our tenant eviction solicitors, please call now on 0203 959 9123 or use our simple online enquiries form.