Unfortunately all too often nowadays tenants stop paying rent for a multitude of reasons.The best and (sometimes) only way to deal with ongoing non payment of rent is to regain possession of your property.To do this you will need to have firstly served notice on your tenant. In the likely case that the tenant does not leave after you have served a valid, legal notice, the next step of action would be to apply through the courts for an order of possession to start the eviction process.
It is critical the you do not attempt to evict the tenant yourself. Let us and the court take care of it on your behalf.
As a Landlord you cannot afford to lose rental income and understandably you want to avoid delays . As there has been significant cuts across the court services, possession by county court bailiffs can be time costly to landlords (Landlords are having to wait upto 4 months plus)
If you have bad tenants or you are encountering any of the following difficulties, we can help:
- You have a bad tenant(s) who is/are not paying the rent
- You have a tenant who refuses to leave the property after the tenancy agreement has come to an end
- Your tenant is causing a nuisance/ damaging the property
- Your tenant is carrying on a trade or business at your residential property
- Your tenant is in breach of some other obligation contained in the tenancy agreement
Which Notice ?
Commercial Property Services
We only instruct the best Enforcement Agents to undertake CRAR on your behalf!
Upon the introduction and enactment of an the Tribunals, Courts and Enforcement Act 2007 back in 2014. We see CRAR (Commercial Rent arrears recovery) replaces distress for rent.
What that means for Commercial Landlords is that now they must (by law) Instruct Enforcement Agents to recover commercial rent owed. In order to do this, without going to court, can utilise Schedule 12 of the Tribunal, Courts and Enforcement Act to recover rent payable under the lease.
Where unfortunate situations like this arise , we offer to collect service charge and associated debts free of charge to both Landlord and Tenant if combined with instruction for rent arrears under CRAR.
This is at no cost to the Landlord as the debtor pays our fees!
Under CRAR, only rent, interest and VAT may be eligible for recovery.
Most commercial leases give a landlord the right to forfeit the lease, if the tenant breaches their contractual obligations, usually non payment of rent. Once the tenant has broken any of the conditions the landlord must act quickly in instructing us to carry out the peaceful repossession or to be scrutinised.
It is important to make Landlord’s aware if they have accepted arrangements of late rental payment it is likely to be viewed as an act of waiver. Time is of the essence and you should contact us immediately to regain possession of your premises.
As always, when you instruct us on on your behalf you can be confident that our team of Enforcement Agents will carry out any instructions promptly , professionally and will ensure the process remains stress free for the Landlord.
Unauthorised encampments and Trespasser removal
Do you have unauthorised persons or encampments on your land? If yes let us help you.
As a landowner you have a common law right to evict you from your land.There are various ways to enforce against trespassers on your land, this however is dependant on circumstance, let us explain below;
Requires Court Involvement
Court for an order for possession.
We can apply on the Landowners behalf, to the Court ,for an order of possession.
Once this has been awarded, the order can be transferred to the High Court so a writ of possession can be granted. As soon as the writ of possession has been received, the landowner can instruct High Court Enforcement Agents ( such as our team of eviction specialists at Eviction Plus) to remove the trespasser using no more than reasonable force.
Unfortunately obtaining an order for possession does take longer than common law and will be more costly but is seen as the final step for removing any trespassers, as any trespasser breaking this order are then committing a criminal offence .
You do not need to obtain a court order , under Common law, Section 61 of the Criminal Justice Act, is the simplest way to remove trespassers .
The first step is for a representative of the landowner ( like us,at Eviction Plus) or the landowner themselves to ask the trespassers to leave their property. After this, the offenders must be given time (usually 24 hours) to leave the premises. If they do not leave, then the landowner has the right to use no more than reasonable force in order to make the trespasser(s) leave their land. Before this step is carried out, we would always recommend getting a certificated enforcement officer involved ( who know the relevant law and procedure and act within them), as otherwise the landowner could be liable for any injury caused to the trespassers or worse the Landowner is vulnerable to being attacked or verbally abused by the trespassers ( the team of eviction specialists are highly trained in conflict management and can deal with any situation that may arise professionally and promptly)
What is reasonable force ?
This is an important note to add as this is something we get asked often.The issue of what is ‘reasonable force’ is a question of fact to be decided in each individual case, however it must be an honestly held belief that in the particular circumstances the force that is used is reasonable, rather than excessive
We often get instructed by landlords to undertake debt recovery on their behalf; for rental arrears or dilapidation costs. This process is undertaken by our sister company; Inter Alia Credit Management and Collections. The legal team will assess and review your case and provide you with the best solution to your debt recovery issues.
Squatters & Fly Traders
Trespassers. Every landowners worst nightmare. Invasive , unwanted and uninvited. Both fly traders and squatters are, unfortunately, a continuing problem to commercial landlords. Upon the discovery of trespassers in your premises you need to act with due diligence to ensure levels of damage and occupation are kept to a minimum.
We help landowners to utilise their common law rights to the Tort of Trespass. What this means is that the land will be returned back to the rightful owner.
We will always endeavour to ensure an early departure however some squatters may very well be resistant to being evicted under Common law and subsequently claim “Squatters Rights” .
In this situation we can take the stress away by gaining an order of possession on your behalf. Once obtained we will then transfer the order to High Court for a writ of possession which is then executed our specialist team of Enforcement Agent.
However, if it has been 28 days or less since you found that your property has been squatted you can gain an Interim Possession order ( which we can take care of on behalf of the landowner) which means that the squatters will have 24 hours to vacate after this order has been served upon them.
By instructing us to handle your case you can ensure we will act lawfully, diligently and promptly with you, the client in mind, always.
Please note :
If you are a Residential landlord and you have found that your property has been squatted, we can advise that this is a criminal offence and these squatters can be removed by police under Section 144 Legal aid, sentencing and punishment of offenders act 2012 (LASPO)
We pride ourselves on our discrete nature and swift service. We endeavour to provide a confidential, affordable and highly effective service for our Landlords.
As well as drafting notices we are able to provide process serving to our Landlords.If a Landlord has drafted their own notices and wishes them to be served professionally ( this is beneficial as we provide proof that the document has been served on the relevant persons).
Serving your tenant with a Notice to Quit is straight forward when you instruct one of our Process Servers.
We serve Section 21 Notices or Section 8 Notices in England and Wales for a fixed fee of £85 plus VAT. We will then provide you with proof the document has been served on your tenant. This is essential ,especially if the tenant disputes they received the Notice then you can use the evidence we provide at Court to demonstrate the Notice was served.
Through our sister company Inter Alia Credit Management and Collections and in house legal team we are able to provide a wide range of legal services .
Our highly experienced legal team can assist you in every step of the way ensuring that no time is wasted and results are obtained.
Our firm has successfully represented numerous individuals and businesses in a variety of civil disputes. We are highly organised and ensure that no details are overlooked and that out clients are always informed.