As a landlord, if you wish to remove your tenants from your land or property you must obtain the possession order. The reason you would want to remove your tenant could be non-payment of rent or occupation without permission.
Once you have successfully obtained a Possession order you will want a solution that will enable you to minimise any further loss of rent or further potentially expensive repair costs. Typically, a Possession Order can take 8 to 12 weeks to be executed by the county court. You may want a much swifter resolution to your problem.
Shergroup can assist you in regaining possession of your property or land, whether the order is for the eviction of designated tenants or the eviction of squatters.
To start the eviction process, you need to send an Eviction Notice (Notice To Quit). This involves making sure your Eviction Notice is clear, concise, and contains all of the information you and your tenant require to ensure a smooth eviction procedure.
You’ll also want to make sure you’re submitting your Eviction Notice legally by following all of the stages and containing crucial information, as we’ll go over below.
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Address the Tenant(s) Named in the Residential Lease
The names of all tenants currently residing at the rental property should be listed on the Residential Lease you signed at the start of the lease. A landlord may choose to evict one or all tenants, however depending on local and state legislation, the landlord may not have an option but to evict all renters at the same time. In this instance, the landlord will almost certainly construct a new lease that includes the tenants he wants to keep renting to.
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List the Lease Information
An Eviction Notice should include detailed information about the rental property, including the full address (unit number, street, city, and zip code) and the date that the lease was signed.
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Notify the Tenant of the Eviction
When writing any form of notice to your tenant, make sure you state exactly what the notice is for. The opening sentence of your letter should specify that it is an Eviction Notice and include a date by which the renter must remove the premises.
Most jurisdictions have their standards about how much notice you must give your renter to quit the property, so if you’re not sure how much notice you must give, check with your local landlord/tenant advisory board or get legal advice.
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Give a Reason for the Eviction
The next piece of information you should include in your letter is the reason for eviction. If required, you may want to offer more than one justification. Common reasons for eviction include |
- Non-payment of rent
- Intentional substantial damage to the premises
- Violence or threats towards the landlord or other tenants
- Noise violations
- Performing illegal activity on the premises
Each reason you list should be accompanied by thorough details. List the dates that your renter missed rent payments and the total amount owed, including any relevant late fees, if you’re evicting your tenant because they didn’t pay their rent.
Make certain that the reason for the eviction is valid and legal in your jurisdiction. You can’t evict someone based on their ethnicity, national origin, skin colour, religion, sex, disability, or family status, for example (e.g., married or single tenants, tenants with children).
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Serve the Eviction Notice to the Tenant(s)
The final step is to serve your renter with the Eviction Notice. Eviction notices can normally be posted on the property (usually near the front door) or delivered directly to any adult tenant living on the property who is mentioned on the lease. However, depending on the location of the rental property, you may need to serve the eviction letter or notice to tenants in a particular manner. Obtaining a court order or having local law enforcement post the notice, for example.
What is Eviction Letter?
An eviction letter is a formal written notice issued by a landlord to a tenant, informing them of the landlord’s intention to terminate the tenancy agreement and regain possession of the property. This letter typically outlines the reasons for eviction, such as non-payment of rent, violation of lease terms, or other breaches of the tenancy agreement. The eviction letter serves as a legal document, initiating the eviction process and providing the tenant with a specified period to remedy the issues or vacate the premises. It is an essential step in the legal procedures involved in evicting a tenant from a property.
How We Work Out Your Eviction Process
We would first obtain the approval from the issuing County Court to transfer the case to the High Court for enforcement under Section 42 of the County Courts Act 1984 before we can proceed with our application. This should be requested at the time of the initial Order for Possession application. If you already have an Order for Possession, you can use form N244 to make this request.
We will complete the appropriate additional applications to enable the High Court Writ of Possession to be sealed once this authorization is granted. Once this has occurred, we will schedule our Agents to return to your property to reclaim ownership (within seven days).
Summing-up
Although it’s not usually an easy decision to evict a tenant, it is sometimes necessary. When writing an Eviction Notice, the content must be clear, concise, and professional so that the process of evicting your tenant can proceed as smoothly as possible. Contact Shergroup if you’re facing a tough time with your tenant and want to evict him from your property. Use our residential repossession of property solution to regain the possession of your property lawfully and smoothly. We are High Court Enforcement specialists, and we can help you get your possession order, transfer it to High Court and enforce it to evict your tenants. To know more about how to go about instructing us to call our business solutions advisors.
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