Evictions

Assisting landlords in evicting tenants from commercial and residential properties can require support at each stage of the process, from serving a possession notice through to High Court eviction.

Having the complete range of services in-house gives us a distinct advantage when speaking to tenants and often results in cases being resolved earlier.

We offer several efficient solutions for evicting tenants from commercial and residential properties. Our solutions are achieved either through common law or via a court order.

Commercial evictions

In the current climate, a commercial property sitting empty is an open invitation to commercial squatters and fly traders, which can have dire/costly consequences on the ability to re-let the property. We are able to offer the following rapid eviction services:

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Response

Commercial squatters and fly traders

As commercial squatters are often unwilling to leave the property and landlords are prevented from forcibly removing the occupants, our agents can take up shared occupation of the property, together with builders and electricians. Whilst in occupation, we will arrange for the gas and electricity supplies to be turned off and the windows boarded, thus making it impossible for the occupants to trade from the property. The property is then secured and our agents will continue to remain on site to hand possession back to the landlord.

Commercial trespassers

Under common law a landlord has the authority to allow Marston Group to remove illegal occupants from their private land. On receipt of instruction, our agents will attend the site, complete a full risk assessment and serve notice of the eviction on the trespassers. They will return the following day and notify the police to be on standby to prevent any breach of the peace. Typically, after speaking with the trespassers they agree to leave, rarely requiring the use of other resources.

Residential evictions

We are also able to assist residential landlords at each stage of the eviction process. From serving a possession notice through to High Court eviction:

Rapid
Response

Step 1. Serve notice.

We will serve one of two notices under the Housing Act 1988 – a Section 8 Notice which is a 14 day notice, seeking possession due to rent arrears, nuisance or breach of tenancy or a Section 21 Notice which is a two month notice to terminate a tenancy agreement and seek possession. Often we serve both simultaneously. In a majority of cases this has the desired effect and the tenant either pays or vacates the premises.

Step 2. Obtain possession order.

In association with our partner solicitors we will arrange for proceeding to be issued. A court hearing date is set and an advocate is instructed who will appear before a judge to obtain the possession order. It takes between 8 – 10 weeks to obtain a court order.

Step 3. Transfer up to High Court.

If your tenant has not vacated by the date stated by the court, normally 14 days, we will transfer the application to the High Court and our authorised High Court Enforcement Officers will use the greater powers they have been granted in order to remove the tenant from the property.

High Court eviction

To undertake a high Court eviction, you need a sealed Writ of Possession. If you already have one, please forward it to our High Court Enforcement Centre.

If you have a County Court Order or a High Court Order for the possession of land, send the sealed Writ of Possession to our Transfer-up team and we will do the rest.

Call us now:

New Business Enquiries

0845 076 6263

Client Services Division

0845 340 7251

hccs@marstongroup.co.uk

Or click here for more about our transfer-up process:

Transfer-up process