This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Cookie Policy. Read more
Landlord Latest News & Commentary

Bringing you weekly up to date information on Rates, House prices, the Law, and all sorts of exclusive deals just for our readers.

Evicting a Tenant - DIY versus Using a Solicitor

By Brad Askew on 19/06/2019 with comments

Should I pay a solicitor to do this for me or is it quite straight forward?

This is a common question.  I am delighted to say that we have zero conflict of interest in giving you an answer because we are not a law firm trying to win work here. Although we recommend Kevin Morgan as a solicitor it is not a commercial referral agreement or anything like it is just the right thing to tell you.

A bit of background.  I have known Kevin Morgan for 20 years because he was my boss when I trained as a solicitor. I am no longer practising but I know first-hand and from landlords I have signposted his way, that he is at the top of his game, tactical, efficient and sees your bigger picture. Enough of the niceties.

First of all, there are the notices that need to be served in the valid prescribed legal form and completed correctly with full consideration as to what the tenant could raise in proceedings later. 

We believe a landlord can do this on their own and we have gone the extra mile to provide both the up to date notices plus instructions to remove any of the mystery and to make it a bit easier.

You can get the two main notices below.

Section 21 Notice of Possession - no fault eviction, two month’s notice

Section 8 Notice - Breach of tenancy agreement (rent arrears / anti-social behaviour etc)

It is recommended that you keep evidence of the service of the notice and use a Certificate of Service.

But, at the end of the notice period what happens if the tenant refuses to , or repeatedly forgets to leave?

The next step is possession proceedings

Again, we have made it as simple and as clear as possible for a landlord to do this on their own.  You can find and download at no cost the various Court Forms Here

After you have launched the claim there will be a hearing and it is not uncommon for the claim to fail in circumstances where the Landlord has either failed to comply with the service or other statutory requirements under the Tenancy such as the handling of deposits. 

Let’s assume you are successful, the tenant may still ignore you, the paperwork and the Judgment Order. What do you do then? Well, it is time to apply for a Warrant of possession.

The above is not to steer you one way or the other it is simply to help you make an informed choice.

In terms of pros and cons,  the disadvantage would be paying a solicitor a sum of probably in excess of £1000 plus VAT.  But, there is a huge factor that for reasons I do not understand gets overlooked time and again.  It is....

Lost Rent

Time is money.  The average time from Notice to Possession stands at over 120 days.  That is 4 months’ rent.  Do the maths.  

The advantages of using a solicitor are many but the main ones to think about are:

1. Quicker and easier (someone else who knows what they are doing can take this hassle away from you)

2. The involvement of a solicitor may cause the tenant to think twice about ignoring you.

3. The solicitor is less likely to make mistakes and even if they do they carry mandatory insurance to indemnify you.

What do you think?  Please come and tell us your stories in the Facebook Group.