LETTING & ESTATE AGENT

EVICTION

EVICTION

EVICTION

All you need to know. Often, one of landlords’ biggest fears is having a tenant in their property who is not paying the rent and has no intention of leaving. Recent figures show that the number of tenant evictions undertaken by landlords are increasing at 17% per year. That is why we conduct robust checks on the applicant as part of our Elite Reference before they move into the property. We are that confident in our robust approach that, if we recommend applicants as suitable tenants and they then do not pay the rent, we will evict them and bear the costs of doing so. Which other Agent can offer you such an incredible promise?

Even where tenants sail through the referencing process there is still a risk that at some stage in the future they may be unable to meet the rental obligations if, for example, a relationship breaks down or one of the tenants is made redundant or has an enforced reduction in their contracted hours.Regardless of the reason for the non-payment of rent, we will fulfil our promise to you. 

 

OUR PROCESS

Upon your valid request, we will arrange for an experienced person to prepare, draft and serve the AT6 Notice on your tenant. Immediately, they will realise that the landlord is taking the arrears situation seriously and in most cases, this may be all that is required in order to remedy the situation.

Once the notice is served, the tenant has 14 days to pay the arrears of rent. Please note that we will need to receive some supporting documentation from you or from your local Martin & Co office if you have opted for the Fully Managed Service.

WHAT IF A TENANT DOES NOT VACATE THEPROPERTY

Should this not have the desired effect and the tenant has not addressed the arrears for two consecutive months nor vacated the property after the AT6 Notice has expired, we will arrange for a firm of solicitors to make a summons application to the Court. The summons request will be returned by the Court with the hearing date. We will then arrange for a copy of the summons to be served upon the tenant either by recorded delivery or via Sheriff Officers.

One of our appointed advocates will attend the hearing. Invariably, the Court will award the landlord a judgment for the amount sued for and possession of the property. Should you not wish to attend the hearing with our appointed advocate to give evidence of the arrears, we will arrange for the drafting of a witness statement which the advocate can present at the hearing. On the occasion that the tenant is still in occupation beyond the date set by the Court, we will

arrange for a Sheriff Officer to serve a charge notice on the tenant. This charge notice gives the tenant 14 days to vacate the property. If the tenant fails to leave, then the Sheriff Officer will fix a date for the formal eviction to take place. A further notice will be served on the tenant giving them at least 48 hours’ notice of the eviction date. If the tenant still remains at the property, then the Sheriff Officers will forcibly eject them on the assigned date.

Our service does not cover rent arrears or your costs to evict a tenant, such as attending court or the cost of changing the locks. For even more security, you could consider a Rent Protection Insurance, which would cover any arrears. For more information, please contact your local Martin & Co office or the Landlord Hub on 0845 180 0970.

As you can imagine, this whole process can take a considerable amount of time and it is in everyone’s

interest to evict the tenant as soon as possible. We will work tirelessly to ensure this happens. Our partner offers tenant eviction services throughout the UK and guarantees court attendance with as little as five days’ notice. Tenant Eviction is a procedure that is often weighted towards the tenant.

The meticulous manner in which they respond to notices and other related paperwork ensures that the timeframe for such procedures is also kept to a minimum. In the six years since their inception, they have undertaken many hundreds of tenant evictions throughout the country and have a 100%

success rate in doing so.

We appreciate that every situation is different and therefore if you have a tenant that stops paying the rent and after contact still refuses to make payment, please just contact your local Martin & Co office and we will work through the next steps together and ensure that we can gain vacant possession of your property quickly.