Our client, a landlord, was dealing with a problematic non-paying tenant who was causing issues for other residents in the block of flats in which she lived.
Frustrated with the situation, the landlord was concerned so sought legal advice to facilitate a smooth eviction process to avoid further risk of financial loss.
Our legal strategy
Upon taking instructions, we advised the landlord on the appropriate course of action and swiftly prepared a Section 21 Notice providing the tenant with a two-month notice period. We ensured the notice complied with all legal requirements and was strategically timed to expire just before the Assured Shorthold Tenancy (‘AST’) ended.
To mitigate any disputes regarding service, we took a cautious approach by serving the notice through multiple channels, in accordance with the service provisions detailed in the AST, and served via:
- First-class post
- Recorded delivery
- Hand delivery by the landlord
This approach provided clear proof of service, minimising the risk of delays or challenges from the tenant. Invalidly serving a notice can be an easy mistake to make as a landlord, so to ensure compliance, it is always sensible to seek legal advice. If you serve an invalid notice, you then cannot rely on the notice if the matter needs to be progressed to Court, and will therefore have to go back to the start of the process and serve a new and valid notice, which is time-consuming and frustrating.
Escalation to possession proceedings
Despite receiving the Section 21 notice, the tenant failed to vacate the property upon expiry. Because of this, the landlord instructed us to escalate the matter to the Court by preparing and filing possession proceedings.
Within a week of filing proceedings, the Court issued the claim to the tenant, putting the tenant on notice that they have 14 days from service of the claim to file a defence. As the tenant didn’t file a defence, our client instructed us to request the Court make a possession order and an order for costs.
It took just over a week from us requesting the possession order and an order for costs for the order to be made by the Court. From filing proceedings with the Court, obtaining a possession order took around 6 weeks. This is relatively quick. In some circumstances, it can be a lot longer depending upon the Court dealing with the matter and their workload.
However, it was a quick turnaround for our client, and they were one step closer to gaining vacant possession.
Current position
More recently, despite a possession order being granted by the Court, the tenant has still failed to vacate by the date given on the order, and as such, enforcement action will be necessary. This will require a Warrant of Possession being requested from the Court, and bailiffs and locksmiths will likely need to be instructed to carry out the enforcement process.
