Need to Evict?
Many landlords feel overwhelmed by the rules and regulations surrounding tenant eviction. Our team can help to take the stress out of being a landlord and help you get your property back. We are NOT legal representatives however we can guide you through the process and put you in touch with a legal advocate who can represent you in court.
How Do I Start Eviction Proceedings?
We will serve the relevant Eviction Notices and liaise with your chosen Legal representative to ensure this happens in a timely and efficient manner to minimise any rent or material losses.
Notices:
Section 21 Notices
Under the Housing Act 1988, a landlord who has granted an AST has a legal right to regain possession of the property at the end of the agreement by serving a Section 21 Notice. This notice can be served once the initial 4 months of the term has lapsed, however the notice cannot expire before the date that the agreement comes to an end. The Section 21 notice is a 2 month notice, the notice is valid for court procedures for a further 4 months, thereafter the notice is void and a new S.21 notice must be served on the tenant.
Section 8 Notices
If a tenant has breached the terms of the tenancy agreement by accumulating rental arrears of at least 2 months or 8 weeks, the landlord may apply to retake possession of the property by serving a Section 8 Notice. This notice is a 2 week notice, upon the expiry of the notice one may proceed to court. The notice is valid for court proceeding for up to 1 year from service.
A Section 8 notice can also be served on the tenant for Anti-Social Behavior (ASB) or if the tenant has been convicted in court of affray or illegal dealings from the property. Note: considerable evidence is required if seeking possession on grounds of ASB.
Section 47-48 Notices & Section 3 Notices.
This is required to be served to advise the tenant of a change of ownership or advising the tenant who the Owner is. This notice contains the (new) landlord’s address details and advises where the rent is to be paid and notices to the landlord are to be served.
COURT PROCEEDINGS
UNDER SECTION 21
Should the tenant fails to vacate once the notice period has expired, one may commence court proceedings. The court process to obtaining a Possession Order is generally in the region of 8-12 weeks however post Covid-19 the timing has increased considerably, and cases can drag for months. Furthermore, if the tenant files a defence the judge may list the case for a hearing, this naturally further delays matters. We will assist you in liaising with a recommended legal representative who will also help chasing the court to speed up matters.
UNDER SECTION 8
Should the tenant not vacate or clear the arrears (to below 2 months rental arrears) once the notice period has expired, one may commence court proceedings. Once an application to court has been submitted and logged on the court system you will be notified of a Hearing date. Generally, the Hearing is held within 6-12 weeks, however some courts are running on reduced staff and it can take months before cases are logged and hearings set. At the hearing your legal representative will seek a 14 day possession order. Should the tenant file a defence the judge may list the case for a (an additional) hearing, this naturally further delays matters.
Please contact us on 0161 681 2371 or email: failsworth@cousins.co.uk to arrange a telephone consultation with a knowledgeable member of staff for additional guidance and costs.
