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Evictions

The Residential Eviction Process

Evicting your tenant:

Whilst most tenants are good and abide by the terms and conditions of their tenancy, sometimes you may
need to evict your tenant. As Assured Shorthold Tenants, there are two legal routes to evict your tenant;

1) By serving a Section 21 Notice

2) By serving a Section 8 Notice


Section 21 Notice:swiss replica watches

A section 21 notice is the most common route for gaining possession of your property. The notice must be
for a period of at least two months and served in the prescribed format. Quite often notices are served incorrectly and therefore invalid, leading to a lengthy delay in evicting the tenant. A section 21 notice can only be enforced at the end of a tenancies fixed term.

We can prepare the notice for you to ensure they are served both correctly and in the proscribed format, ensuring there are no delays with regaining possession of your property.

Usually, tenants will vacate the property once the notice expires. However, should they fail to do this then an application for possession will need to be made through a county court.
 

The Rent Office can assist you through the whole process, from preparing and serving the notice and making an application for possession to the court.

Section 8 Notice:

A section 8 notice should be served on a tenant who has breached their tenancy agreement, for example if
they are in 8 weeks or more rent arrears. Evictions under section 8 differ from section 21, in that the notice period is two weeks and this can be served during the fixed term of a tenancy.

 

Both the service of notice and the wording must be in the prescribed format outlined in the Housing Act, otherwise it may be deemed as invalid, leading to further delays and costs to the landlord.

The notice period under section 8 is two weeks after which an application for possession will need to be made through a County Court.

Our experienced staff at The Rent Office London,  can help prepare and serve the notices for you but also help commence legal proceedings on your behalf to evict your tenant.

We offer a free consultation to all of our landlords to help decide the best method of eviction.

After you have a possession order (Section 21 or Section 8)

Whichever procedure is used, the case will be taken to court  to obtain a possession order. The court writes to the tenant ordering them to leave the property. This is usually 14 days later, however in certain circumstances were eviction will cause the tenant exceptional hardship this may extend up to 42 days.

If after receiving the court order, the tenant has still not vacated the property then a bailiff or a HCEO can be instructed to remove the tenant from the property, the County Court Bailiff once instructed could take a further 1-3 months to evict your tenant or you could speed up this process by using a High Court Enforcement Officer, this service is a little more expensive but can take up to only 48-72 hours.www.clend.net

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