Frequently Asked Questions

The Eviction Group has plenty of years of experience in the realms of residential eviction, tenancy agreements, commercial eviction and more, and we pride ourselves in having the knowledge to help you out in these difficult areas, and to understand exactly what it is you need from us.

Our team are professional experienced individuals who all have specialist knowledge which you may struggle to find elsewhere. Knowing how tricky evicting difficult tenants can be we want to support landlords and ensure that any problems are smoothed out as quickly as possible.

We don’t just offer residential and commercial eviction services, we can help with squatters and trespassers, High Court eviction, debt recovery and more. All of the services which we offer are competitively priced and done in the quickest time possible. We want to minimize the pressure on you and your properties and give you peace of mind that your problems will be dealt with in a timely fashion.

You may already have some questions on your mind about your situation or our services so we have compiled a list of some of the most frequently asked questions and their answers to help you out. If you have a question which hasn’t been answered below just give our team a call.

Residential Tenant Eviction FAQs

If you are a landlord and have a mortgage and that property is rented, then you should have been advised by your lender that a different ‘prior notice’ ground must be served on your tenant. This applies to anyone with a mortgage and landlords would be breaching their covenant with their lender if they did not notify their tenants in writing that the property is subject to a mortgage, which was granted before the tenancy. Should the lender need to sell the property, this ground allows possession at any time through the courts. This particular ‘ground for possession’ is one of the few that can be initiated before the fixed term has expired.
The simple answer is no, you do not need a written tenancy agreement to obtain possession of your property using the Section 8 notice and standard possession proceedings. However, without a written agreement the terms of the tenancy may well be difficult to prove. The accelerated possession procedure following service of a section 21 notice cannot be used unless there is a written tenancy agreement, and therefore although a section 21 notice can be served, standard proceedings for possession would have to be issued.
Yes. At the end of the tenancy, the tenant is allowed to stay in the property until such a time that an appropriate notice is served. If the tenant has continued to pay rent this will involve the tenant being served with a ‘section 21 notice’ giving not less than 2 months’ notice to leave the property. If the tenant hasn’t paid the rent, then depending on your circumstances a section 8 notice might be more appropriate. This notice simply gives the tenant 14 days to pay or face eviction.
The service of the correct notice is in all cases, and without exception, an essential legal requirement if a landlord is to get their property back. Without it, all further stages will fail and a court will not grant an order for possession.
No. You should just the notice run its course. If you were to approach the tenant to pressure them to leave before the notice has expired, this might be viewed as harassment. This is a criminal offence under the Protection from Eviction Act 1977.
Once we are acting on your behalf, just leave everything to us.
For private landlords requesting eviction, the grounds are as follows, although proof must be given to the court first.
Ground 1 If the landlord lived in the property previously and now wishes to return to live there (must have notified the tenant of this before beginning the tenancy)
Ground 2 Mortgage wishing to gain vacant possession in order to exercise a power of sale.
Ground 3 The tenancy is for a fixed term not exceeding 8 months, and the property was occupied for purpose of holiday.
Ground 4 Student letting, the tenancy is for a fixed term not exceeding one year and the property was occupied by a student.
Ground 5 The property is held for the purpose of being available for occupation by a minister of religion, and is required for use by a minister
Ground 6 Re-development, the Landlord intends to demolish or reconstruct the premises
Ground 7 Devolved tenancy, a periodic tenancy which has devolved under the will of the previous tenant and the proceedings for the recovery of possession are begun not later than one year after the previous tenant’s death.
Ground 8 Rent arrears of over 2 months or more than 8 weeks if payable weekly (use in conjunction with Ground 10 – some money lawfully due and Ground 11 – rent is persistently paid late)
Ground 9 Suitable accommodation will be found for the tenant or will be available when the order for possession takes effect.
Ground 10 Money lawfully due
Ground 11 Rent is persistently paid late
Ground 12 Breach of tenancy, not other specified by other ground
Ground 13 Tenant is damaging the property
Ground 14 (a & b) If tenant or their guests engage in anti-social or criminal behaviour
Ground 15 Damage to furniture in the property
Ground 16 The property was used as a home during the tenant’s employment by the landlord and employment has ceased
Ground 17 Tenant has given false information on which you granted the tenancy (such as a false reference)
Discretionary Grounds A court does not have to agree with the request for eviction if they feel it is unreasonable
Multiple Grounds The two most powerful grounds to rely upon when serving notice are 5 and 8 which are mandatory, if you are able to prove to a court that one of these apply then the court must issue a possession order. Remember that Grounds 10, 11, 12, 13, 14a, 15 and 17 are discretionary. This means that there are no guarantees that the court will decide in your favour even if proof is provided. The court will assess the facts and make a decision based on what they believe fair and reasonable.

If a court agrees that you are entitled to possession on one of the grounds listed above, then a possession order will be granted, to take effect within 14 days. This could be extended to 6 weeks if the tenant shows the court they are experiencing significant hardship. To have the best chance of successfully serving a Section 8 notice – resulting in the tenant vacating the property in a timely fashion, seeking expert advice is highly recommended. Before taking any action, it is always wise to try to avoid court proceedings. It is often advisable to take the opportunity to remind the tenant that they are in arrears before issuing proceedings.

From the expiry of the notice, a court date (the date when a judge will hear your case) will normally take between 4 and 8 weeks. Court dates can take longer depending on which court is dealing with the claim. If you are eligible for the accelerated procedure we can usually get a court order within 5 weeks. Again, that is solely dependent on court time being allocated.
The Eviction Group would always recommend that you do attend in the event that your tenant attends the hearing making claims which you wish to contest. That said, we fully understand the pressures people may feel when faced with attending court.

We will, if necessary discuss with you your circumstances to settle any fears or worries you might have. If you still feel that you do not want to attend the hearing we will discuss your options with you. A specialist lawyer will always attend on your behalf and will put forward your case to the court.

If you do want to attend the hearing, (and we would always encourage this), we will inform you of the name of your lawyer and where and when you should meet them at court. Remember, as you have instructed The Eviction Group to act on your behalf, we ensure that it is the lawyer and not you who put forward all legal arguments and give you the best  possible representation.

A judge will hear the case anyway and will normally grant you an order for possession of your property.
This usually means that they are defending the case. Our lawyers are specialists and will still put forward legal arguments to try and obtain an order for possession. If the court doesn’t grant an order for possession the judge will ordinarily adjourn the case for about 4 weeks.
It will say when the tenant should leave the property. A judge has some discretion to order when a tenant should leave your property, normally 14 days.
The Eviction Group will always argue for an immediate possession date. If the tenant doesn’t leave by the date set, they will have to forcibly removed.
The Eviction Group will have arranged for a County Court bailiff or High Court Enforcement Officer (if appropriate) to attend your property. We will inform you of the time and date. You or your agent should meet the bailiff at the property. We can arrange a locksmith if required with their costs paid directly by you.

Commercial Tenant Eviction FAQs

We will aim for an attendance to be made at your property within 48 hours of your instruction. Since we cannot forcibly require any occupants to leave the premises, we will generally arrange for attendance outside usual trading hours. Once we have gained entry on your behalf we will arrange for the locks to all the doors to be changed, post the relevant notices and we will supply the keys to the nominated key holder. Please note that there will be an additional fee payable to the locksmith which we can arrange or you can arrange directly if you prefer.
The fees for commercial lease forfeiture are fixed starting from £295 for two hours attendance to complete the process. Additional locksmith fees will apply and may vary depending upon the number and type of locks at the property. The Eviction Group have extremely competitive rates in comparison to many providers and will obtain a quote for you to approve prior to finalising arrangements. Should you feel two hours to be insufficient time, we will agree a fixed fee dependent on time spent prior to agents attending.
Your attendance at the property is not required although you are welcome to attend the eviction if you would like to. Attendance will usually occur outside of trading hours, possession of the property will be taken back on your behalf by changing the locks and the appropriate notices will be left at the property confirming that the premises have been repossessed by the landlord.

The property will be secured and the new keys will be returned to you as soon as possible. You are obliged by law to allow the tenant back into the property within a reasonable time following the forfeiture to remove any items from the property which belong to the tenant. We can arrange for supervised access.

It is both a criminal and civil offence for the tenant to re-enter the property once the lease has been forfeited by the landlord.

The tenant should be provided with an opportunity to access the property under the supervision of the landlord and/or the landlord’s agent in order for the tenant to remove their possessions. The Eviction Group can re-attend the property to provide supervised access if required. If the tenant fails to claim possession of the items left at the property you may need to store them for a period of time before you can sell or dispose of them.

Ordinarily you will only be able to forfeit a lease where there is a written lease in place with an appropriate ‘forfeiture clause’ which will allow termination and repossession under certain conditions. In certain very limited circumstances you may be able to forfeit the lease by repossessing the premises where there is no written tenancy agreement in place.
The tenant does have a legal right to apply to the court to claim what is known as ‘relief from forfeiture’ anytime up to 6 months from the date of the forfeiture. In order to be successful with that application, the tenant will need to make an application to the Court, pay a court fee and pay all the rent arrears and the landlord’s costs for exercising forfeiture.

In the event that relief from forfeiture is granted by the Court, the effect is as if the lease had never been forfeit and the lease will continue to run. Where the rent arrears are paid but the tenant does not make an application to the court claiming relief, you can consider offering a new lease.

If a tenant is in breach of a covenant (term) in their lease and the landlord accepts rent with knowledge of that breach, then the landlord may well have waived its right to forfeit in respect of that breach.
To amount to a waiver, the rent must have (a) accrued since the landlord became aware of the forfeiture event; and (b) been offered and accepted as rent by the landlord.

If the landlord’s actions amount to recognition of the continued existence of the lease and to the landlord/ tenant relationship there is a risk that the right to forfeit the lease for that particular period has been waived. This is a very complicated area of law and we would strongly suggest that you seek specialist advice.

Squatters and Trespasser FAQs

As with any eviction, this will depend on you. The Eviction Group fully understands the pressures people may feel when faced with attending court. We will, if necessary, discuss with you your circumstances and allay any fears or worries you might have. Nonetheless, if you still feel that you do not want to attend the hearing we will discuss with you personally your options. A specialist lawyer will always attend on your behalf and will put forward your case to the court.

If you do want to attend the hearing, and we would always encourage this, we will inform you of the name of your lawyer and where and when you should meet them at court. Remember, as you have instructed The Eviction Group to act on your behalf, we ensure that it is the lawyer and not you who will put forward all legal arguments.

It is very unlikely that a squatter will turn up at court. If they do turn up, it usually means that they believe they are not squatters and are in fact legitimate tenants and will be defending the case. Our lawyers are specialists and will still put forward legal arguments to try and get an order for possession. If the court doesn’t grant an order for possession; the judge will adjourn the case. The Eviction Group are specialists in taking on squatters who defend claims. We will, at your request, fight the case to its resolution to see our defended actions service.
It will tell the squatter or trespasser when they should leave the property. The Eviction Group always argues for an immediate possession date. If the tenant doesn’t leave by the date set, they will have to be forcibly removed. See our High Court Evictions for more information.
Having reviewed the circumstances, The Eviction Group might consider that the appointment of a High Court Enforcement Agents as more appropriate to evict Squatters, and will discuss this option with you.

Depending on your choice of enforcement option we will have arranged for the appropriate Enforcement Agent to attend the property at the appointed time. For County Court Bailiff evictions,you should ensure you or your representative are at the property with a locksmith 30 minutes before the bailiff is due to turn up.

Please note the following.

The Landlord or his representative is expected to attend an eviction by County Court Bailiffs. We can act as your representative if required.

Any cancellations at less than 24 hours’ notice will not be refunded.

Appointments can be changed at no fee as long as there is at least 24 hours’ notice.

All other cancellations will receive a full refund minus the cost for the writ transfer and a £75.00 administration fee.

All changes at less than 24 hours’ notice may be treated as a cancellation unless previously discussed.

If the landlord requests further attendance of enforcement agents for any reason i.e. supervised access, they will be charged on a case by case basis.