Evictions

 

Navigating the legal landscape as a landlord can be a daunting task, often overlooked or dismissed. The scarcity of information and the hesitancy to escalate situations to the next level can be challenging for many property owners. Recognising the need for legal compliance throughout the tenancy is crucial.

Our team understand the complexities landlords face, and we've successfully supported numerous landlords through the process of gaining possession of their rental properties. We acknowledge the importance of empowering landlords with the knowledge and confidence needed to take appropriate steps when necessary.

 

Section 8 Notice Overview:

A Section 8 notice may be issued if there is a breach of the tenancy agreement by the tenants, such as non-payment of a minimum of 2 months rent.

 

Notice Period:

In the case of the most common breach—non-payment of rent—a notice period of 2 weeks can be given to the tenants to remedy the situation by paying the rent.

 

After the Notice Expires:

If the tenants fail to pay the rent arrears by the specified date, eviction proceedings can commence in the local County Court. These proceedings seek both the eviction of the tenants and a County Court Judgment for the outstanding rent amount.

 

Eviction Process:

Should the tenants not vacate the property by the court-designated date, the County Court bailiff can be authorised to carry out the eviction, ensuring the lawful repossession of the property. It's important to follow this legal process diligently to address breaches and regain possession of the property as necessary.

 

Section 21 Notice Overview:

A Section 21 notice, governed by the Housing Act 1988, serves as a means to evict a tenant either after the conclusion of a fixed-term tenancy or during a tenancy without a fixed end date.

 

Requirements for Issuing Section 21 Notice:

To issue a Section 21 notice, specific conditions must be met, including serving the notice in a designated manner and providing the tenant with necessary documentation. This documentation includes a valid Energy Performance Certificate, a gas safety certificate, the Government's How to Rent Checklist, and, if applicable, details about the protection of the deposit.

 

Notice Period:

A Section 21 notice mandates that tenants be provided with a minimum of 2 months' notice to vacate the property.

 

After the Notice Expires:

Should the tenants remain in the property after the notice period, the next step involves applying to the local County Court to seek possession of the property.

 

Eviction Process:

If tenants fail to vacate the property by the court-specified date, the County Court bailiff can be enlisted to carry out the eviction. This ensures compliance with legal procedures to regain possession of the property. Adhering to these processes is crucial for a lawful and effective eviction.

 

 

To find out more about our property repossession services and how we can assist you in navigating this process, please don't hesitate to contact us today.