Section 8 or 21 ? We will advise you which notice is the most appropriate, and will prepare and serve the notice promptly. This notice should prompt your tenant to make contact with ourselves or you, the landlord, to pay the outstanding rent or to simply leave the property. If your tenant does not comply with our notice Tenant Eviction Service Brecon will, at your instruction, proceed to instruct our Legal Team to apply to the courts for proceedings to be issued against your tenant.
This Possession Notice is usually used where alleged breaches of the tenancy are relied upon for possession. Rent arrears, nuisance or damage to the property are amongst the most common reasons for wanting possession. Usually, a landlord only needs to provide 14 days notice to the tenant before Court action can be commenced. However, should the tenant rectify the problems possession may not always be obtained.
A landlord must give a tenant a minimum of two months’ notice, in writing. Serving a Section 21 Notice can occur at any time after the start of the tenancy but notice cannot end earlier than the end of the fixed term.
What we believe the advantages are of a section 21 notice;
What we feel is an advantage of a S21 is that the tenant cannot defend this as long as the application is valid, possession must be granted and the tenant will be ordered to leave. In our experience we have found that this paper based process is straight forward . However there will be an exception to the rule and there will be a few cases where a court hearing will be required. We will advise you if this is likely.
Even though you cannot claim for rental arrears by using this process you can make a separate claim for monies owed through rental arrears or dilapidations.
What we believe the advantages are of a Section 8 notice
If the tenant is financially solvent and/or there is a guarantor and the reason for serving a section 8 notice is non payment of rent or large rental arrears then we believe that the section 8 is the right way to go. We will review the tenancy and all relevant evidence and as long as we are confident that we can prove the tenant’s breach of tenancy under at least one of the mandatory grounds, the court will grant possession of the property to the Landlord.
If the landlord hasn’t fully complied with the deposit scheme legislation ( we do advise all landlords to comply with this as the Tenant can take legal action against the Landlord) Section 8 is easier to use than Section 21. It’s also a useful tool to use Section 8 if there is still a long period until the end of the tenancy.
Like everything in both Law and life there are disadvantages to consider.
If you have not fully complied with the deposit scheme legislation you cannot use Section 21 unless you take some remedial steps first ( by protecting the deposit with a deposit scheme , by not doing this you leave yourself open to the possibility of the tenant commencing legal action against you)
Under Section 8, when the court gives you a money order against the tenant you will still have to pursue this, it will not be done by the Courts automatically. However we are able to help with this process.
Under Section 8 the tenant can defend it. Some tenants are wise to this and will do everything in their power to stall proceedings; this will and can include the tenant making fabricated claims against the landlord. Even if the tenant lies, their defence can force an adjournment and delay proceedings. However our experienced and thorough legal team will prevent any unnecessary delays from happening.
Under Section 8, if you lose you may have the tenant’s legal costs awarded against you, this is why it is vital to use an experienced team such as Eviction Plus,
Serving a correctly drafted and valid notice is the most important part of the eviction process, and is key to a successful eviction. Inaccuracy at this stage will be costly, both in terms of lost rent and time, as the process will need to be started again which is incredibly frustrating. Even the smallest of errors can be enough to invalidate your notice and therefore can hinder any chances of you getting your property back in your possession.
Obtaining a possession order
We instruct our Legal Team to apply to the courts for proceedings to be issued against your tenant. A court date is arranged for the hearing on the earliest possible day available following instruction. Our Advocate will attend the court hearing on your behalf, if needed.
Court order for possession
In those situations when a tenant, upon receiving a Section 8 Notice from us, refuses to leave or settle their arrears, a landlord will require a court order for possession.
One of our expert eviction specialists will prepare and issue county court proceedings against your tenant to obtain a Possession Order on your behalf .
The next step in the process is obtaining the court date from the court. When this is confirmed one of our highly experienced solicitors or court advocate is booked to represent you in court and to present your case before the judge in order to obtain the possession and money order as instructed.
This process is started once the notice has been served and the Section 21 Notice has expired . Next step is to obtain possession.
We begin by submitting all relevant information to the court , usually this is paper based , so no need to book an advocate to attend court.( however in some circumstances , for example where there’s been a change of landlord, an oral tenancy or a lost tenancy agreement, then there will be a hearing, we can advise on this at the time of review )
Providing everything has been completed correctly and the deposit has been registered correctly, the judge will issue the Possession Order.
Accelerated possession s.21
The accelerated possession process is an excellent tool to use, providing you are eligible.
To use the accelerated possession procedure, the following must apply:
- The tenant is on an assured shorthold tenancy in England or Wales
- The tenant moved into the property after 15th January 1989
- You must have given the tenants at least 2 months’ notice under section 21 of the Housing Act and they have not left by the date specified
- All deposits are to protected by a Deposit protection scheme.
- You are not claiming rent arrears ( although you can claim for this separately at a later date )
When you apply to court for accelerated possession, your tenants will be sent a copy of the application by the court and they will have 14 days from the date of receipt to challenge it.
The application will be reviewed by a judge, who can then decide whether to award the possession order without the need for a hearing.
If the tenant has serious grounds for defence, the judge is likely to set a court hearing, ( we will represent you in court ) after which he will decide on whether to award the possession order.
If the possession order is awarded, the judge will normally give the tenants 14 to 28 days to leave the property.
Tenant has ignored the court order and is still in my property , what should i do?
The use of an Enforcement agent is a necessary requirement by law when your tenant ignores thecourt order and fails to vacate your property
To minimise further rental loss and time (sometimes several months, for County Court Bailiffs) you can instruct High Court Enforcement Agents . You can apply to the County Court that issued your possession order to transfer it to the High Court for enforcement. In all possession applications we always request permission to transfer up to High Court for Enforcement, we believe it is better to have this permission than not, as it not only saves the Landlord time but also money.
Once the transfer application is granted, we instruct High Court officers to attend the property to evict your tenants, usually between 7-10 days.
If you already have a possession order and you wish to use High Court Enforcement please contact us to find out how we can help.
We must stress that It is a criminal offence for a landlord to change the locks of their tenanted property even when a tenant has ignored the court order.