Do you have a tenant who just isn’t paying rent?
Do you have a tenant who won’t leave the property even though the tenancy agreement has come to an end?
Is your tenant breaching an obligation from the tenancy agreement?
Our aim is evict your tenants and get your property back for you as quickly and as simply as possible. We are here to take the pressure and anxiety that this process can cause away from you. If you have bad tenants or you are encountering any of the following difficulties, Essex Evictions can help.
We will arrange, and implement the eviction process for you.
Serve notice seeking possession
We will serve a Notice on your problem tenant. It will warn them to pay the outstanding rent or to leave the property and it may be just what they need realise the severity of the situation. We will also provide you with a Certificate of Service.
Obtaining a possession order
We instruct our Legal Team to apply to the courts for proceedings to be issued against your tenant. A court date is arranged for the hearing on the earliest possible day available following instruction. Our Advocate will attend the court hearing on your behalf and obtain the court order as required.
Once the court order for eviction is made, if the tenant does not leave we will apply for the order to enforced by the court Bailiff or if you select our fast track option, by High Court Enforcement Officers. If you have an existing possession order this can also be set on the Fast Track route.
As a commercial landlord, you obviously want to keep your property occupied and generating an income. But, you may find yourself in the unfortunate position where a tenant has failed to meet rent payments. In this situation, where the property is of commercial (non-residential premises) most tenancies give the Landlord the right to terminate the lease with no lengthy court action or proceedings being required. The new regulations on collecting commercial rent arrears (CRAR) give the defaulting tenant about two weeks’ notice before the bailiff arrives. You may have no other choice than to consider Lease Forfeiture and seek repossession of the property.
Essex Evictions will give you a professional Lease Forfeiture service anywhere in the county with ease of instruction, no fuss, rapid response and a speedy result, all for our fixed agreed fee. We will ensure that the lease is forfeited by peaceful entry of the premises using a fully qualified locksmith to gain entry and change the locks. We will correctly display the notices of forfeiture at all points of access forbidding re-entry. A concise photographic inventory can be taken detailing any goods remaining and to record the general condition of the property.
Landlords using our fixed fee Commercial Repossession services are often back in control of their property within 24 hours of instructing us.
High Court Writs
We can arrange to have your existing possession order transferred to the High Court, which can take weeks off the enforcement timescale and may save you a considerable amount of time and lost rental. While you are not in possession of your property you are losing money, to minimise this loss we can apply to fast track your eviction through the High Court.
Eviction by High Court Enforcement is the fastest, and in our experience the most effective method of removing your tenant when they ignore the possession order.
Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by the High Court under a writ of possession. If you are owed rent, you can also add a claim for money to the possession order.
The benefit of using the High Court Sheriffs is that they can act very quickly to execute the writ and return your property to you. Often this can be within 24hrs of the writ being sealed.
High Court Debt Collection
We understand time is money, that’s why our transfer up service is the perfect way to manage your existing County Court Judgments that are over £600 and under 6 years old. It’s quick and simple to instruct us to arrange High Court Enforcement Officers to act on your behalf and achieve a swift and effective resolution.
High Court Enforcement Officers generally earn their fees from the debtor, but only when they collect. HCEOs tend to have significantly higher collection rates than those of the County Court Bailiffs, who are without any financial incentive to collect. HCEOs are also permitted to force entry into commercial premises when enforcing a judgement, a power not afforded to County Court Bailiffs.
We can help you recover any rent owed to you from a current or previous tenant. Does this sound familiar? You took in a tenant on an agreed rent, you did your due diligence checks and believed, or were advised that the tenant was a good credit risk. Now find your tenant is behind their payments, or worse has disappeared or you have had to evict them, leaving you with a debt which appears uncollectable! Each year landlords are writing off millions of pounds worth of rent. They are doing this because, the tenant simply refuses to pay, they have disappeared or the legal cost is too expensive. Our rent arrears service is quick and cost effective, our fees are fixed. No Solicitors “Disbursements” or hidden costs. Clients are notified on each case as developments occur and receive regular reports. Reports can be delivered in a range of formats and tailored to meet your specific requirements. We specialise in collecting tenants rent arrears on behalf of the landlord or the letting agents and can start the collections process before you have to serve a section 8 notice.
Depending on the circumstances we can also offer a “No Collection No Fee” service with an excellent recovery rate, only charging a small fixed commission on what we collect.
If you already have a County Court Judgement against your tenant then you have up to six years to try to recover any money owed to you. Essex Evictions can begin the debt collection process for you straight away. We can even arrange for enforcement of your CCJ by High Court Enforcement Officers.* However if you do not yet have a judgement against your tenant we can assist you with this. Essex evictions will do all the hard work for you to help you get your CCJ and get what is owed to you.
On being faced with a tenant who still refuses to leave, landlords who opt for eviction by County Court Bailiffs by Warrant of execution will be required to arrange a locksmith and attend on the day to receive the premises from the Bailiffs.
For a great many Landlords this is not an attractive prospect, whether due to difficulty getting time of work or facing the possibility of confrontation with the former tenants.
The latter being a very real possibility.
Our agents are able to attend in place of the landlord. Acting as their representative they will liaise with the bailiffs to ensure the matter progresses smoothly, receiving the property back, and signing the warrant as having been executed. In addition to this a photographic condition report will be made and meter readings taken if required. We are also able to arrange Locksmiths at a discounted rate, with the new keys being posted by Royal Mail “Signed For” delivery.
Once the tenants have left, it may well be that they will require supervised access to collect the remainder of their belongs. Should this be the case and on agreement with the landlord, our agents will retain the keys in order to facilitate this.