You can begin proceedings to evict your tenant. Our Solicitors & Advocates can take you through the process step by step.
Our Solicitors & Advocates will prepare many types of notices, most commonly either a section 8 or section 21 notice depending on your case.
1. Section 8 Notice – this tells your tenant that they have 14 days to pay all rental arrears due and vacate the property otherwise legal proceedings will follow.
2. Section 21 – this is a notice that informs your tenant that their tenancy agreement will expire in two months and that you wish to gain possession of the property.
Once the notice has expired; where instructed to do so, we will issue proceedings and obtain a hearing date within 48 hours of the receipt of your instructions. This hearing date will depend entirely on the court but is usually between 6-10 weeks from the date of issue. In some cases the court may take slightly longer.
No. we understand that landlords have busy lives outside of the realms of their investment properties. If you or your letting agent is unable to attend court for any reason, we can prepare, file with the court and serve on your tenant a witness statement on your behalf for only £50 plus VAT. All that you will have to do is review the statement and return the signature page to us for filing.
You won’t have to do too much at all. Our Advocate will do most of the talking but you may be asked to confirm your signature on the tenancy agreement and the amount of rent arrears outstanding. If the tenant is present and they assert some sort of argument against possession our advocate or the Judge may ask for your version of events or your opinion.
The Court order will state a date by which your tenant must vacate your property and settle the rent arrears (usually 14 days from the date of the hearing) If they fail to vacate your property by the stated date, with your instructions, our Solicitors & Advocates will prepare Step 3 and instruct the Court Bailiff to attend your property and carry out the eviction. If for any reason the Court Bailiff is unable to remove your tenant, they will return to Court for a warrant for the committal of your tenant to prison.
You should attend your property at least 30 minutes before the scheduled appointment with a locksmith to make the property safe by changing the locks and handing the new keys to you after the eviction has taken place. If you have informed us that you expect difficulties, the local police may be present to prevent any public disturbance.
