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Providing Support to Landlords and Agents
Tenant Evictions Rent Arrears (Section 8)
Whether you are a Landlord or a Lettings Agency we have solutions to help you manage your property portfolio.
If your tenant is in rent arrears by a specific period of time you can apply to the County Court for possession of your property and a money judgement for the arrears amount. These proceedings are referred to as fault based or fixed date proceedings.
An unlawful eviction is considered to be a criminal offence and has 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.
The Process
First we like to have a discussion about your circumstances to check using our Section 8 service is suitable for you. Then, depending on which stage you need to progress to we will review your documentation to ensure it fits our criteria for the service.
If we have confirmed all is ok to proceed to instruction you click on the relevant instruct button below so we can get started.
Rent arrears eviction proceedings are brought under Section 8 of the Housing Act 1988 and can be used in many other circumstances but most commonly are used in the case of rent arrears.
It only takes 14 days for the Section 8 Notice to expire and then you can proceed to making an application to the court for possession and the money order. To use this process for rent arrears your tenant must be at least 2 months in arrears or 8 weeks if paid weekly. You can use this process at any stage in the tenancy even if there are several months left to run of the fixed term of the tenancy agreement.
There are down sides to using this process one of them being no guarantee you will be granted possession of the property. So, you may decide to just use the section 21 process (as long as the tenant is near the end of their fixed term tenancy) to get the tenants out and then apply to the small claims court later for the rent arrears if you think your tenant has the means to pay.
There will be a hearing listed in the County Court for this kind of possession which you will be required to attend. We provide you with full guidance on the hearing process however if you do not want to represent yourself we can book a legal advocate to attend the hearing with/for you.
Pre- Action
Issue Letters
If you have not already done so it would be good practice for you to send letters notifying the tenants in writing of their arrears and that you intend to pursue court action to recover the arrears and costs if not paid.
£15
+Vat
Stage 1
Issue Notice
We will prepare a Section 8 notice and rent arrears schedule and if suitable a Section 21 notice (at no extra cost).
£65
+Vat
We Complete we serve
Need a callback to discuss your options further?
Stage 2
Obtain Possession Order & Money Judgement
Once the Section 8 notice expires you will need to apply for a possession and money order via the county court. We prepare the court documents and enclosures for you and send to you for signature and filing.
£150*
+Vat
Stage 3
Enforcing The Possession Order
On occasions tenants don't leave on or before the date set by the court in the possession order. We will prepare the court document to request a bailiff to remove the tenant.
£50*
+Vat
DIY Notices
*Court Fees
Section 8 or 21 Pros & Cons
You will also be required to pay the Court fee and are currently as follows:
Stage 1 - Not applicable
Stage 2 - £175
Stage 3 - £110
Please be very careful.... if the notice is not completed correctly or the is missing vital informations you may have to start over again, ending up being more costly in the long run! We find the smallest mistakes made result in refused claims.
Click on the link below to see the differences and some pros and cons of the two possession routes you could take.
Pay Online
Please do not pay unless you have received confirmation to proceed to make payment.
** Emailed to you during office hours 9am-5pm Monday to Friday
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