Landlord and Tenant

The number of properties that you own is insignificant, we pride ourselves in treating every case, regardless of size, with the efficiency and attention it deserves. We act for private and corporate landlords, letting agents, local authorities and housing associations, providing solutions to tenant problems and putting procedures into place to avoid the same issues arising again.

We take the pressure away from you – evicting your tenant has never been easier.

Property Evictions

Notice Of Intent

We are able to give a precautionary Notice Of Intent to tenants once they are 1 month (4 weeks) in arrears. This serves as an ultimate warning to the tenant that, as soon as they are in arrears for 2 months (8 weeks), then legal notice will be served up. Morgan Hill Solicitors can report an outstanding rate of sensation with this notice, the majority of cases being matured before legal notice is prepared.
A Notice Of Intent would proceed as a warning to your tenant before you serve them notices under Section 8 or Section 21 and, therefore, gives your tenant sufficient time to resolve the unpaid monies. Once a Notice Of Intent has been handed out, it is then up to your tenant to pay the outstanding amount before the debt enhances. If your tenant are still not succeed to pay the balance to you then, as soon as they are in arrears for 2 months (or 8 weeks) you would be able to carry on to evict your tenant.

Tenant in Arrear

If your tenant is in arrears with rent for more than 2 months then hand them notice to start the legal retrieve process. If your tenant is in arrears with their rent and you need your property vacated. We will deal with this for you and take away the anxiety of eviction.
We will then be able to serve the relevant notice to your tenant under Section 8, under Section 21 or Notice to Quit. In most cases, this is the only action required to correct the issue you may have with your tenant.
How to Evict my tenant
If you need to evict your tenant, we will organize, manage and put into practice the eviction notice and possession order for you. Morgan Hill Solicitors can take the nervous tension of eviction problems away from you.
If you have completed the process of Tenant In Arrears and your tenant has not yet evacuated your property or deal with the outstanding monies, you will need to commence the procedure of eviction as soon as possible. We will proceed on your behalf by:

  • Obtaining a possession order. We will apply to the courts for proceedings to be issued against your tenant
  • Ensuring a court date is arranged for the hearing (normally 6-10 weeks following).
  • We will amend the court hearing on your behalf and obtain the court order.
  • Once the court order for eviction is made, your tenant has 14 days to leave the
    property and pay arrears.

Most tenants resolve and vacate at this stage. However, there are always exceptions and some tenants decline to adhere to the law. If you find yourself in this unfortunate situation, we advise you to relapse to Remove My Tenant. Please note that if we proceed under a Section 21 notice, there is no requirement for a court hearing.

Procedure of County Court Bailiff

The tenants who believe they are above the law and regardless from of any legal papers you serve them, will refuse to move. Removing the tenant is the final step in the justice process.
We will arrange for Court Bailiffs upon your instructions to issue a warrant for possession of the property to remove the tenant. This will leave you with an empty property without exception that you can then re-let or sell.
There are however matters when moneys are still outstanding. For this trouble we offer a tenant tracing service to put the tenant once they have left the property.

How the order be transfer to High Court Sharif

There is also possibility to demand that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession under Section 42 of the County Court Act 1984. It is significant that the order is made correctly and the right wording is used. If you are owed rent, you can also affix a claim for money to the possession order.
The advantage of using the High Court Sheriffs is that they can act very hastily to perform the writ and return your property to you.