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Home Evictions Standard Possession Procedure (Section 21)

Tenant Eviction Services

During the course of being a landlord you will at some point find yourself in a position where you wish to end a tenancy. The tenant may be in arrears with their rent, may be in breach of the agreement, they could be a ‘difficult tenant’ or just because you wish to get vacant possession of the property. Whatever the reason, there is a process you need to follow to abide by the law. An unlawful eviction is not only a civil matter it is also considered to be a criminal offence and can have serious consequences for the landlord. Ensuring you take the correct course of action is very important, otherwise you may find yourself in a position where errors have been made which may cost you in more ways than expected. Our services cover claims made in England and Wales only.

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Standard Possession Procedure (Section 21)

These proceedings are referred to as non-fault based. Suitable if you are looking to evict your tenant without reclaiming any rent arrears or for any other non-fault based reason. The tenant cannot be evicted before the end of their tenancy but you can issue the notice prior to inform the tenant you will not be renewing the agreement and wish them to leave at the end (subject to the correct notice and period being given). You would only use these proceedings rather than the accelerated possession proceedings with good reason, some of those reasons may be:

  • There has never been a written tenancy agreement
  • You have lost the original tenancy agreement
  • The agent has the agreement and they closed down and you never got a copy

You can still use Section 21 of the Housing Act 1988 to evict the tenant, however, a Court Hearing will automatically be listed with this process. The claim is very similar to the Section 8 rent arrears process. You can either attend the hearing yourself or you can instruct a legal advocate to attend for or with you at an additional cost.

In the absence of a written agreement the terms of the tenancy need to be established before a notice can be served. Getting the documents right in the first place is the most important part of the process. If you send the wrong notice, have incorrect dates or the content is incorrect you will not be granted a possession order by the court.

Our service can only be used if:-

  • Its an assured shorthold tenancy commencing on/after 28 February 1997
  • Any deposit taken has been dealt with correctly under Deposit Protection Scheme rules (or a remedy provided) and have a copy of the documents. We can help you to provide a remedy to any deposit breach to allow you to evict the tenant
  • You have a copy of the HMO license (or submitted and acknowledged application) if applicable
  • You have a copy of the Part 3 Housing Act 2004 license (or submitted and acknowledged application) if applicable
  • If you reside overseas you have an address in the UK in which can be used as a correspondence address
  • You have complied with the new rules imposed on tenancies created on or after 01 October 2015.

The alternative to the above is use the rent arrears ground for possession if they are over 2 months in arrears, please ask about this option.

How to get started

1. Call us or fill out the call me back form above and we will explain the process.

2. We take your information and get documents from you and check it over and let you know if you can proceed.

3. You instruct us … and we get started immediately!!!

FIXED FEE £60.00

FIXED FEE £270.00

+ Court Fee of £355.00

FIXED FEE £60.00

+ Court Fee of £121.00

 

 

Court Fees’s are not included and are payable directly to the court (Stage 1 £0 , Stage 2 £355, Stage 3 £121).