01652 618924 / 07789 642806 info@easyevict.co.uk

Problematical tenants, rent arrears, trouble evicting tenants, and damage to property, are just some of the issues that Easy Evict help solve for landlords on a daily basis. We provide a complete ONE-STOP process, all under one roof, with friendly expert legal advice every step of the way.

Easy Evict have the Expertise and Experience to help you resolve any problems you may be having with your tenant, and we can quickly serve section 8 & section 21 notices on your behalf. What’s more should the matter progress to court, then we can arrange for a qualified Court Advocate to handle your case.

 

 

The EASY EVICT TEAM provide an unmatched level of expertise and customer service for Landlords and Rental Property Agencies throughout England & Wales

MEET THE EASY EVICT TEAM

AMANDA RILEY

BARRISTER

JIDE LANLEHIN

BARRISTER

ELIZABETH LANLEHIN

BARRISTER

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AMANDA RILEY - PUPIL BARRISTER

Amanda Riley (LLB & LLS Hons, LLM, BPTC) is a second -six Pupil Barrister, at Crystal Chambers, working closely alongside her professional team of colleagues to deliver an exemplary level of service. Amanda was the President of the University of Hull Law Society, before graduating with a Joint Honours Degree in Law & Legislative Studies. Amanda then spent a full year working with Lord Norton in the House of Lords as a Parliamentary Researcher, with the additional responsibility for liaising with national press and media, and standing-in for Lord Norton on several Parliamentary meetings. Amanda continues to work for Lord Norton on a regular basis. 

Amanda obtained a Masters (LLM Legal Practice – Barristers), and after passing her BPTC Bar Exam, she took her ‘Call to the Bar’ at Inner Temple before becoming a Pupil Barrister at Crystal Chambers. In addition to  Crystal Chambers and Easy Evict, Amanda is also involved in several other professional activities, including organising the Wroxton Workshop of Parliamentary Scholars and Parliamentarians, organising The Centre for Legislative Studies, and working with various Parliaments around the world on Legislative Drafting.

Before embarking on her legal practice Amanda spent 26 years touring the world as a professional singer under her stage name Julia Martin, and she can still be seen performing in theatres around the UK. Amanda established the UK registered charity ‘Autism Unseen’, to help tackle the bullying and social exclusion that autistic individuals suffer from within schools and colleges, and in 2017 she led a group of young autistic adults and carers on a life changing experience to climb Mount Kilimanjaro. In 2024/25 Amanda will be taking 60 autistic and special needs young adults on the Autism Unseen Tall Ships Challenge, where they will be sailing a 70-foot Challenger racing yacht around the UK.

In 2015 Amanda co-founded the Conflict Free Mineral Association and delivered a keynote speech about Human Rights abuses in the Democratic Republic of the Congo to the Lord Mayor, Civic Dignitaries, and Council Members of Hull. Amanda was then instrumental in taking Hull on the journey to become the first City in Europe to pass a Conflict Free Mineral Resolution. Amanda also wrote and performed the song ‘Your Voice’, which backed the campaign video.

JIDE LANLEHIN - BARRISTER

Jide Lanlehin is a Barrister at Crystal Chambers, and part of the Easy Evict Team. Jide is a direct Access Barrister, with full litigation rights, he was called to the English Bar at the Inner Temple in 1994 and admitted to the Nigerian Bar in 2013. He obtained his LLB Honours in Law at the University of East London 1992. He started his career at the English Bar training at Tooks Chambers (chambers of Michael Mansfield QC) where he did his first six months pupillage before proceeding to Cloisters, 1 Pump Court (David Turner-Samuels QC) for his second six months training.

He is a versatile and exceptionally gifted advocate who originally established himself at the English Bar as a specialist in very serious criminal cases, undertaking a variety of cases involving Mortgage Fraud, Money Laundering offences, Confiscation, Murder, and Rape. He appeared as a leading junior counsel in the Crown Court in a number of these cases. He also receives instructions in Employment Law cases, Unfair Dismissal and Racial Discrimination, Immigration, and the Solicitors Disciplinary Tribunal (SDT).

In 2011, JL was appointed an English Law Consultant for a leading Nigerian Firm. Upon his call to the Nigerian Bar as a Barrister and Solicitor of the Supreme Court of Nigeria he was elevated to the position of Partner at the Firm. He has since left that Firm to establish his own practice. He receives instructions and advise on all aspects of Nigerian Law particularly Nigerian Commercial, Property, Probate, Family and Divorce Law. JL also specialises in Legislative Drafting for Parliaments around the world.

JL’s current area of particular interest is the devastating impact on the environment of oil spillage by multi-national companies in the Niger Delta area of Nigeria. He has widely researched this issue and is prepared to litigate on behalf of those who have been most affected and disenfranchised by this modern phenomenon.

JL is qualified to conduct cases under the public access provisions of the Bar Council.

Memberships

  • Member of the Criminal Bar Association.
  • Member of Professional Negligence Bar Association
  • Member of Society of Black Lawyers
  • Member of British Nigeria Law Forum
  • Friend of Haldane Society of Socialist Lawyers
  • Friend of European Lawyers for Democracy and Human Rights

Teaching Experience

 

  • 2000 Part- time lecturer – Inns of Court School of law- criminal law- court of appeal- professional ethics.
  • 2002 Obtained IATC certificate to teach Advocacy for Bar students and Barristers.
  • 2002-2006 Lecturer at BPP Law School- advocacy, conference, and negotiation skills.
  • 2006-2007 Taught crime, tort, administrative law for undergraduates on LLB.
  • 2010 – present External Advocacy Assessor for the Crown Prosecution Service. Regularly lectures Student nurses at City University in Tort and law of negligence.
  • 2012 Qualified to assess Higher Rights Advocacy Certificate candidates.
ELIZABETH LANLEHIN - BARRISTER

Elizabeth Lanlehin is a Barrister at Crystal Chambers, and part of the Easy Evict Team. Elizabeth is a direct Access Barrister, with full litigation rights, and the Head of Crystal Chambers. She was called to the bar in March 2001 by Inner Temple. Ms Lanlehin has gained extensive in-house experience with Solicitor’s firms in London, dealing with Immigration Law, Appeals and Judicial Review.

Ms Lanlehin also practiced at Peel Chambers and 2 King’s Bench Walk Chambers where her main areas of practice were Immigration Law, Criminal Defence and Prosecution, both in the Magistrates’ and Crown Court.

In 2007, she joined the Crown Prosecution Service (CPS) where she prosecuted matters in the Magistrates and Youth Court from Driving Offences to Burglary.

Since leaving the CPS, Ms Lanlehin has contracted with various Local Authorities as an in-house Barrister dealing with prosecutions and civil cases, and has extensive experience in Immigration, Family Law, Civil Litigation, Housing, and Legislative Drafting.

  • Criminal Defence and Prosecutions
  • Immigration
  • Licensing
  • Housing
  • Civil matters
  • Employment Law.
  • Family Law
  • Legislative Drafting

A MESSAGE FROM CRYSTAL CHAMBERS – EASY EVICT

Easy Evict, is part of Crystal Chambers regulated by the Bar Standards Board. It quickly become apparent that the key to a successful eviction was in the careful preparation of the relating documents, and that attention to detail is paramount. Many court bundles that are prepared by landlords, rental agencies, or companies who professed to being able to offer this service, fall short of the standard that is needed to suceed in court. Unfortunately, in many cases there are issues with either the notice, the service or the documentation submitted to the court. This would often result in the case being either adjourned or struck-out, causing not only delay in repossessing the property, but further financial loss to the landlord. The cost to the landlord of having to go back to court and the prolonged loss of rent would often run into the thousands of pounds.

Issues in court relating to preparation, serving, and submitting the relevant documentation correctly can easily be avoided if EASY EVICT are involved from the start. We have built a section of our Chambers with a team of Barrister Legal Experts who specialise in Landlord and Tenant matters, and I hope you will allow Easy Evict the opportunity to assist you with any tenant problems that you may be experiencing.

%

increase in private rental arrears from 2019

%

of private rented tenants have no savings

%

of landlords ended the tenancy because of rent arrears

EASY EVICT CAN SUPPLY 

Rent Arrears Letter

Landlord & Tenant Mediation

Serving a Section Notice

Issuing a Possession Claim

Arranging a Court Advocate

Arranging a Bailiff Eviction

Small Claims Order

ABOUT EASY EVICT

The premise of Easy Evict is to help landlords quickly and efficiently evict problematical tenants, and to regain access to their property. Unfortunately in many cases this can only be achieved through court action via a section 8 or section 21 notice.

Easy Evict strongly believe that with their legal expertise and clear understanding of the judicial process that they are more than capable of resolving any issues that landlords may be experiencing. 

We acknowledge the commitment in the work that is placed with us, and our team will endeavour to not only bring matters to a satisfactory conclusion, but also to be in touch with our clients for any issues or questions that they may have. Every client is unique and exemplary customer service, and attention to detail is our bedrock.

Quite simply, Easy Evict are a specialist company with qualified legal expertise, from a team of Barristers, that you should consider placing your trust in. So why not book a free telephone consultation, and let us explain how we can help you.

EASY EVICT provide a FREE TELEPHONE consultation for Landlords in England who are experiencing rent arrears, and wish to have their tenant evicted

The following table outlines several questions that we have been asked in the past. However, each Landlord and Tenant case is different and each set of circumstances that require an eviction of a tenant may need to be approached in a different manner. Easy Evict offer a free telephone consultation service, and we recommend that this is used in the first instance to explore the options available. Easy Evict can also step in and step out at different stages of the process, or we can take a case from initial consultation all the way through to completion.

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GENERAL OVERVIEW

Most tenants abide by the terms of their tenancy agreement and pay their rent on time. Most tenancies end with the agreement of the landlord and tenant without the need to go to court. If the landlord wants the tenant to leave the property because the tenant’s circumstances have changed or they have broken the terms of the tenancy agreement, the landlord must follow strict procedures, by giving the tenant notice in a particular way, including certain information and warnings, if they do not, the landlord may be guilty of illegally evicting or harassing the tenant.

Most agreements are Assured Shorthold Tenancies (AST’s), the minimum notice a landlord must gave for a Section 8 is two weeks, and a section 21 depending on the grounds is 2 months.

The landlord cannot remove the tenant by force. If the notice period expires and the tenant does not leave the property, the landlord can start the process of eviction through the courts.

The landlord must not harass the tenant, if they do, they will be acting unlawfully. Examples of unlawful eviction and harassment are: 

  • making threats
  • violence towards the tenant, or any household members or property
  • entering the property without your permission
  • changing the locks whilst the tenant is out
  • turning off essential services

Before taking steps to recover possession of your property, the landlord should consider discussing any underlying problems with the tenant, either directly or through a mediation service, and try to resolve these without recourse to court action. This could save the landlord time and money.

The landlord can issue the tenant with a notice requiring possession (under section 21 of the Housing Act 1988), or a notice seeking possession (under section 8 of the Housing Act 1988). The notice will specify a date by which the tenant is being asked to leave, after which possession proceedings may be started in the county court. A Particulars of Claim sets out the legal basis upon which the landlord claims to be entitled to possession.

The tenant will be sent a copy of the landlord’s claim documents, along with a court date. The tenant can file a defence against a notice given under section 8 of the Housing Act 1988 and can challenge the validity of the notice whichever process has been used. The tenant can include details about their circumstances and how they have been affected by the pandemic. If they are likely to suffer extreme hardship because of having to leave their home, they can ask the court to postpone possession for up to a maximum of 6 weeks.

If a settlement cannot be agreed prior to the court hearing, there will be a full possession hearing, at which a judge will decide whether to make a possession order. If the landlord is using the section 21 possession process, the court may make a decision without a review appointment or a hearing taking place, as it may be clear, on the papers submitted, that the landlord is entitled to a possession order.

If a possession order was granted at the hearing and the tenant does not leave the property by the date specified in the order, the landlord can apply for a warrant of possession, which enables a county court bailiff to evict the tenant. In some circumstances, the tenant can apply to suspend the warrant. However, if they do not make an application or if the court does not agree to suspend the warrant, a county court bailiff will enforce the warrant and evict the tenant from the property.

Easy Evict recognise that in some cases, making a claim for possession will be unavoidable, for instance if your tenant is building up rent arrears and refusing to communicate with the landlord, or if the landlord wants to move into the property and is unable to reach a voluntary agreement with the tenant to end the tenancy. However, it is important that court time is put to the best possible use. Where possible, the landlord should use the court process only as a last resort.

SERVING A SECTION 8 NOTICE

If the landlord is unable to come to a satisfactory arrangement with the tenant, the landlord can give the tenant a Section 8 notice (Form 3). The reason for issuing this notice must fall within the grounds laid out in Schedule 2 to the Housing Act 1988. This form must be completed correctly otherwise the landlords claim could be struck out.

Mandatory Ground 8 ‘Serious Rent Arrears’ is the most popular ground used for eviction. The judge must order possession if the landlord proves their case on a mandatory ground.

The landlord can also use discretionary grounds. These are grounds where the judge can only order the tenants to leave the property if the landlord can prove the facts which correspond with the ground and the judge considers it reasonable to make an order.

Easy Evict have the legal expertise to handle this part of the process.

SERVING A SECTION 21 NOTICE

A section 21 notice does not require the landlord to prove a legal reason for evicting the tenant. It was first introduced by the Housing Act 1988 and is the most common type of notice served on tenants in the private rented sector today. It accounts for 67% of evictions.

The rules for serving a valid section 21 notice have become increasingly complex over the years. The notice validity depends on a number of factors, including the tenancy start date, the date when the notice was served and whether the landlord has complied with tenancy deposit protection requirements, along with other correct supporting documentation. 

The landlord can only use a section 21 notice if the tenants have an assured shorthold tenancy.

Easy Evict have the legal expertise to handle this process.

MAKING A CLAIM FOR POSSESSION

If the tenant does not leave by the date specified in the notice, the landlord can apply to the court for a possession order. For all claims, the landlord must also provide a statement setting out what knowledge they have about the effect of the coronavirus pandemic on the tenant and their dependants.

Depending on what type of notice has been served and the grounds for serving the notice, the landlord has a choice of filing the claim via a paper process, online process, or an accelerated process.

Easy Evict are on hand to determine the best process for the landlord, and to complete the form on their behalf, taking care to make sure that all the required documentation is in place.

WHAT HAPPENS AFTER MAKING A CLAIM FOR POSSESSION

The court will send the tenant a copy of the application and will give the tenant an opportunity to respond to the claim within a stated time (14 days). At the same time, the court will send the landlord notice of issue of the claim. The notice of issue will give the claim number which has been assigned to the case (which will need to be quoted in future correspondence and documents) and it will inform the landlord of the deadline given to the tenant for responding to the claim.

The tenant may submit a defence to the court putting forward reasons why, in the tenant’s view, the landlord may not be entitled to possession. In that case:

  • the court will send the landlord a copy of the defence
  • the court is likely to fix a date and time for a hearing

The tenant may also submit a response to the court accepting that the landlord is entitled to possession but asking for more time due to extreme hardship. In that case:

  • the court will send the landlord a copy of the response, the judge may be able to decide on how much additional time the tenant can stay in the property, up to a maximum of 6 weeks or may decide to list the case for a hearing

Easy Evict will look at any response from the tenant and advise on the best course of action to enable the landlord to take the property back. Should the matter go to court Easy Evict can suggest several qualified Court Advocates to advocate on the landlord’s behalf, in the sound knowledge that the case bundle will have been expertly prepared.

WHAT YOU NEED TO DO BEFORE THE HEARING

For Section 8 cases and Section 21 cases where the landlord has used the standard possession procedure, the landlord will receive the date of the possession hearing, and any further directions as necessary.

At least 14 days prior to the hearing, the landlord should email the court at the address provided with the following information:

  • An electronic copy of all case documents to the court, including the claim form and particulars of claim, information about how the tenant has been affected by coronavirus and the tenant’s defence, including whether they have marked the case as being affected by COVID-19. You must confirm that you have provided a Covid Notice about your tenant’s circumstances to the court. This should include information about the effect of the pandemic on the tenant and his or her dependants, and about their vulnerability, disability, and welfare benefit position, with specific reference to those who may have been shielding.
  • Confirmation that you have provided a copy of all the information about the case, including the Covid Notice, to the tenant, in hard copy and electronically if they have provided their email address.

Easy Evict can provide this service, making sure that all the necessary documentation has been filed with the court, and the tenant correctly.

THE POSSESSION HEARING

Court hearings for possessions are usually held in the county court that covers the area where the property is located. The landlord should let the court know as soon as possible if they have any special requirements, for example if they need extra assistance to access the building.

The landlord should bring copies of all the paperwork relevant to the claim to the possession hearing. This includes 2 copies of the notice which the landlord provided with their claim setting out the impact of the coronavirus pandemic on the defendant (the Covid Notice).

At the court hearing the judge might:

  • adjourn the hearing – it will be moved to a later date
  • dismiss the claim – the claim will have been unsuccessful for reasons which the judge must make clear
  • make a possession order – which may either be ‘outright’ or ‘suspended’ depending on the grounds on which the order is made and the circumstances of the case as assessed by the judge.

The judge may adjourn the case if:

  • the judge decides that there is insufficient time to hear the case on the day
  • the judge decides that more information is needed
  • the tenant is unable to attend court for valid reasons, for example a hospital admission

The judge may dismiss the case if:

  • the landlord has not followed the correct procedure
  • the landlord or their representative do not attend the hearing
  • the judge does not believe that the conditions of the ground have been proved
  • your tenant has paid any rent that was owed

If the judge dismisses the case, the landlord will not be able to apply for enforcement. If the tenant has incurred legal costs in defending the claim, the judge may order the landlord to pay those costs. Depending on the reason for dismissal, the landlord may be able to continue to seek possession, but would have to start the court process again, and may need to serve a new notice before doing so.

Whilst it cannot always be predicted which direction a judge may take with regards a possession order, Easy Evict by submitting the correct notice, filed in the correct manner, in the correct time frame, with a suitably qualified advocate, can significantly improve the landlord’s chances of gaining the property back.

POSSESSION ORDERS

The judge can make different kinds of possession order.

Outright possession order

This form of order requires the tenant to leave the property by a date specified in the order – the deadline for leaving is midnight on the specified date.

The date will usually be 14 to 28 days after the court hearing, although it could be shorter or longer. Where the order is made on a mandatory ground or under section 21, and if it is a case where the tenant would suffer extreme hardship, the judge can allow the tenant up to a maximum of 6 weeks.

Suspended and postponed orders for possession

A suspended order specifies a date for possession, but it also sets out conditions which the tenant is required to abide by. For example, a condition might be that the tenant pay the rent plus a stated amount towards the arrears each month. So long as the tenant keeps to the conditions, the landlord will not be able to enforce the possession order. If the tenant breaches the conditions, the landlord can request the court to issue a ‘warrant for possession’ and the court bailiff will then arrange to carry out an eviction.

Postponed possession orders also permit a tenant to stay in the property so long as they abide by certain conditions; however, they do not include a specific date for when the tenant must leave the property. However, if the tenant breaches the terms of a postponed possession order, the landlord can make an application to the court to get a fixed eviction date. The court decides whether there will be another hearing.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means the tenant owes a specific amount of money, usually made up of:

  • the rent arrears
  • court fees
  • your legal costs.

Whilst it cannot always be predicted which direction a judge may take with regards a possession order, an advocate in court working on your behalf, can speak with the judge, explaining what type of possession order is best for the landlord.

WARRANTS AND BAILIFFS

The landlord can ask the court for a ‘warrant for possession’ if the tenants do not leave the property by the date given in an order for possession, or do not abide by the conditions set out in a suspended order of possession.

If the landlord originally issued the possession claim using the possession claim online service, they can request the warrant directly through that service. Otherwise, the landlord must send the request and the fee to the court where the hearing was held.

Enforcement

A notice of the eviction appointment will be sent to both the landlord and tenant. Appointments will be scheduled with a minimum of 14 days’ notice and the tenant may be able to apply to suspend the eviction.

The Landlords responsibilities after a warrant has been issued 

After the court issues a warrant for possession the tenant will be sent an eviction notice stating a date and time at which the county court bailiff will attend to repossess the property.  If the tenant does not leave before the appointment, the bailiff will carry out an eviction.  

The court will send the landlord confirmation that a warrant has been issued and, once these have been allocated, it will send a notice of the date and time of the bailiff’s appointment to repossess the property on Form EX96.   

The landlord needs to let the bailiff know about any risks they may encounter when carrying out the eviction. The eviction will be delayed or possibly cancelled if the landlord does not complete a risk assessment accurately and return it to the court before the bailiff appointment date. 

The landlord should attend the bailiff’s appointment, particularly as the bailiff may need instructions if the tenant does not cooperate.  The landlord must wait for the bailiff outside the property and take a spare set of keys, if they have them.  The landlord should not enter the property until the bailiff has indicated they may do so. The landlord may want to arrange for a locksmith to attend as well – to help the bailiff gain entry, if necessary, and to change the locks after the eviction. 

Easy Evict can easily navigate you through this process and will be on hand to tackle any problems that may arise.

MINIMUM NOTICE PERIODS

These can be found under Section 8, Housing Act 1988, for grounds see Schedule 2 to the Act, these are applicable to assured and assured shorthold tenancies.

 

Mandatory (judge must award possession if ground met)

 

  • Landlord wants to move in: 2 months
  • Mortgage repossession: 2 months
  • Serious anti-social behaviour: 4 weeks (periodic tenancy)
  • Serious anti-social behaviour: 1 month (fixed term tenancy)
  • Serious rent arrears at time of service of notice and possession proceedings: 2 weeks
  • Some rent arrears at the time of service of notice and possession proceedings 3 months: 2 weeks
  • Persistent late payment of rent: 2 weeks
  • Breach of tenancy agreement: 2 weeks
  • Tenant deteriorated property: 2 weeks
  • Nuisance/annoyance, illegal/immoral use of property: None- proceedings may be commenced immediately after service of notice
NEW POLICIES FOR SECTION 21

The Government are in the process of delivering new policies on a fairer private rented sector. A new White paper has been put forward that lays out a 12-point plan of action. Please CLICK HERE for a download of the PDF document.

 

Easy Evict are monitoring these new developments closely and will adjust any legal arguments or changes in procedure accordingly.

 

 

Contact

AMANDA RILEY
EMAIL: info@easyevict.co.uk
OFFICE: 44 (0) 1652 618924
MOBILE: 44 (0) 7789642806

Registered Address: Rowley House, Bonby, DN20 0PW

FREE TELEPHONE CONSULTATION

Easy Evict would welcome the opportunity to have a chat with you. We can discuss the problems you may be experiencing, and explain the levels of service that we can provide. Please email us with the nature of your problem, and a convenient time for us to call you back. 

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