We now offer a fixed fee pricing structure for Landlords wishing to seek possession of their residential property from their tenant. See here for further information.

In order to be able to lawfully evict a tenant, the correct legal process must be followed. That starts with the serving of a notice or notices under the Housing Act 1988.

A Section 21 notice can be served when there is no default on the part of the tenant. The Landlord must comply with certain requirements in order to be able to serve a Section 21 notice but provided they have been complied with, the tenant has no defence and must vacate the property.

Under a Section 21 notice, two months’ notice must be given to the tenant.

If the tenant is in default of the terms of the tenancy agreement, or if the Landlord has not complied with the legal requirements in order to be able to serve a Section 21 notice, the Landlord can serve a Section 8 notice instead, or in addition to a Section 21 notice. The notice period under a Section 8 notice depends upon the default, but ranges from between 1 – 2 months.

If the tenant does not vacate after the expiry of the notice, the Landlord must issue court proceedings to obtain a possession order to be able to lawfully evict a tenant and they cannot simply just change the locks.

Once a possession order is obtained, the tenant will be given a deadline for the date on which they must vacate the property. If they do not vacate by this date, the Landlord must instruct County Court Bailiffs or High Court Enforcement Officers to lawfully evict the tenant.

Obtaining possession of your property can be time consuming and it is important to get things right from the outset to avoid issues further down the line.

If you require our assistance with any of the above, please visit our website for our fixed fees in relation to recovering possession of your property, or you can call our specialist team on 01524 846846.

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