CALLING ALL LANDLORDS! Eviction advice

Jan 24 | 2019
In order to evict a tenant successfully, you have to make sure that all the pre-eviction steps are in order.  Have you registered yourself as a Landlord? Do you have a licence in place? Did you register a bond? Did you serve the prescribed information? Do you have a tenancy agreement? If you are claiming (for example) rent arrears, do you have a rent schedule showing the dates when rent was paid and the dates when rent payments were missed? If all this is in order, you then have to decide whether you are issuing a S21 notice or a S8 notice.  The S21 notice is usually for 2 months, the S8 notice has to be for 2 weeks (it can have a different notice period depending on the ground in the S8 notice you are relying upon, but it is again usually 2 weeks).  The S21 notice is non-fault based, the S8 notice, is used when the tenant has breached a term of the tenancy agreement (e.g. not paying your rent).  It is important to decide which process will suit your individual circumstances in order to make sure the process is smooth and effective.  Once the notice has been served on all the tenants you are evicting, and once it has expired, you can move to the next step in the eviction process.  You cannot obtain vacant possession until a Court order has been obtained, so your next step is to apply for possession, either through the S8 process or through the S21 process.  The Section 21 process is a paper based exercise, a S8 process means that you will have to attend Court.  If the pre-eviction steps have not been followed, you may still be able to obtain possession, but, you may need the assistance of an expert housing lawyer to do this as you will have to be carefully and skilfully advised on the best options available to you.  If you would like a S8 or S21 notice, then we will provide you with one without charge.  If you would like help to complete the notice correctly, serve it correctly on the tenant and then provide a certificate of service for the Court process, our housing team can assist you for £75.00 plus vat.  Click here for further details.  The above applies to properties in Wales.  If you are renting properties in England, then you have to comply with slightly different regulations that our housing team can advise you during a free consultation.
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