Frequently Asked Questions
Can I Physically Remove My Tenant Myself Without Serving Notice Or Going To Court?
Under no circumstances must the landlord enter the let property and take steps to try and force the tenant to leave. Harassment and illegal eviction are criminal offences and you could face an unlimited fine and up to six months imprisonment!
How long will it take to get the tenant into court?
From the date the notice expires it usually takes between 4-7 weeks until you obtain a court order. However, this can vary depending on what court your claim is being heard in. If your claim is issued under the accelerated procedure we aim to have a court order within 5 weeks.
Do Tenants usually leave once notice is served?
Our recent statistics show that 80% of tenants leave after step 1 (service of notice). However tenant’s who are on housing benefit are frequently advised by local councils to wait until the landlord has obtained an order for possession. Some councils will require you to instruct the bailiff before accommodating your tenant.
How are eviction notices served?
All notices are served within 24 hours of receiving your instructions. All notices are sent via 1st class post and 1st class recorded delivery.
Can I still evict my tenant if i have lost or do not have a physically tenancy agreement?
Yes. You can still evict your tenant providing you know when the tenant first moved into the property to the best of you knowledge. A consultant will ask you a few further questions about the agreement you made with your tenant which will aid in preparing any further documentation to obtaining possession of your property.
Can I skip to stage 2 or 3 without going through stage 1?
No. You will be required to go through stage 1 (service of notice) should the tenant refuse to leave. However, if the tenant does decide to vacate after stage 1 you will not be required to proceed to the next stages.
What is a section 8 notice?
Section 8:- The tenant(s) will have 14 days to pay all of the rent arrears. If the tenant(s) fail to pay the rent arrears and or deal with the breaches as cited in the S8 notice then you can go to court and obtain:-
- Court order to evict the tenant(s) a “possession order”.
- The tenant will be ordered to pay all the rent arrears to you if not the tenant(s) will have a County Court Judgement “CCJ”.
- Court will order your tenant(s) to pay your fixed court and legal fees
- Interest on all monies owed to you.
- Daily rent charge judgement – this is in addition to the rent arrears judgement [as explained above in b.] (this is rent calculated on a daily rate payable for each day the tenant is in your property until possession of the property is conveyed with vacant possession back to you)
What is a section 21 notice?
Section 21: – This is a two months notice (calculated under the housing Act 1988, 1996 as amended by the court of appeal) It legally ends the tenancy. Note – You cannot get a judgement for rent arrears under section 21. If the tenant pays the rent say under section 8 then you can fall back on the section 21 notice to obtain possession.