Evictions
Marston Group is able to offer several 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.
Marston Group is able to offer the following efficient eviction services:
Commercial Squatters & Fly Traders
As commercial squatters are often unwilling to leave the property and landlords are prevented from forcibly removing the occupants, Marston Group can take up shared occupation of the property, together with builders and electricians. Whilst in occupation, Marston Group 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 Marston Group's enforcement 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 enforcement agents will attend the site, complete a full risk assessment and serve notice of the eviction on the trespassers. The enforcement agents will return the following day and notify the police to be on stand by 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
Marston Group is able to assist residential landlords at each stage of the eviction process. From serving a possession notice through to High Court eviction:
Step 1: 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: our in-house solicitors issue proceedings. A court hearing date is set and an advocate is instructed. They will appear before a judge to obtain the possession order. It takes between 8 - 10 weeks to obtain a court order.
Step 3: 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 Officers are able to forcibly remove the tenant from the property.
High Court Eviction
Marston Group also offers an eviction service through the High Court.
To undertake the eviction you need a sealed Writ of Possession. If you already have one, 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 Department and we will do the rest.
