If you want to let your tenant know that you wish for them to leave your property, you’ll need to start by serving them notice.
This will either be a Section 8 or Section 21 Notice under the Housing Act 1988 (as amended).
Section 8 Eviction Notice is given when you wish to evict the tenant because of something they have, or have not, done such as the tenant failing to pay their rent, causing damage to your property or they are being a nuisance to neighbours. In these instances, you are able to end the tenancy agreement during its fixed term if the tenant has failed to comply with the terms of it. However, it’s important to be aware that your tenant has a right to dispute it, and if it goes to court, you will need to provide evidence for the reasoning behind the request for eviction.
A Section 21 notice is served to give ‘notice of possession’ to the tenant. This notice allows you to take back possession of the properties at the end of a fixed-term tenancy agreement or trigger an agreed break clause. Assuming you have complied with the legal requirements. Unlike a Section 8 notice, you don’t need to give a reason as to why you are claiming possession when you serve a Section 21 notice.
You can serve both a Section 8 and a Section 21 notice at the same time, and you can also issue court proceedings on one or both types of notice.
1. We charge £90.00 plus VAT for drafting the Notice seeking possession whether it is under Section 8 or Section 21. If there is a service agents fee, you will have to pay for that too.
2. We charge £650.00 plus VAT plus the Court fee for advice, preparing the documents and serving them at Court and all work up to and including the first hearing.
3. We charge £100.00 plus VAT plus the Court fee for obtaining a warrant for possession.
If your tenants refuse to leave by the date you’ve specified in the Section 8 notice, you will have to issue Possession proceedings in the County Court for the local area in which the property is situated It’s important to note that this process can take quite a while especially if you are relying on ss. If the order for possession is granted and the tenant has still not vacated the property, you will need to give instruction to the County Court Bailiff to evict. This will incur further costs and Court fees and can be time consuming.
When your landlord starts a possession claim. You can challenge your landlord’s eviction claim when you get the court papers.
You should reply to the court within 14 days of getting the court papers.
Even if you don’t reply, you should still go to your court hearing.
If you’re an introductory or demoted council tenant, you must ask for a review if you want the council to change their decision.
You have to do this before you go to court.