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Disputes and Litigation

Eviction Notices

Our solicitors provide advice for landlords about eviction notices. If you are a landlord who needs to evict a tenant, we will ensure you follow the correct tenant eviction process, saving you considerable time and money in the long term.

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What is a Section 8 notice and a Section 21 notice?

If your tenant has an Assured Shorthold Tenancy, you can serve Section 8 notice or a Section 21 notice to evict them. Under the Protection from Eviction Act 1977, tenants are protected from unlawful eviction, so it is vital to follow the legal process.

A Section 8 notice is appropriate when there has been a tenancy agreement breach. For example, the Tenant is not paying their rent, or they are using your property for illegal purposes. You can claim rent arrears through a Section 8 notice.

A Section 21 notice is less contentious. It is simply notice that you would like to recover your property when the Tenancy agreement ends or after it ends, but you cannot recover unpaid rent through this notice.

Section 21 notices can only be issued when a tenant has been living in a property for longer than four months, and they must be given at least two months’ notice to leave.

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What happens if a tenant does not leave at the end of the eviction notice period?

If a tenant does not leave by the date specified in the Section 8 or Section 21 notice, you need to apply to the Court for a possession order and a warrant of eviction.

Through the Section 21 route, the accelerated possession procedure typically takes 6 – 8 weeks.

When the Court approves your application, the Tenant has 14 days to challenge your application. After this time, the Court will usually either issue a possession order so the Tenant must leave your property or, if your tenant has raised an important objection, or there is a query on the Case, arrange a court hearing.

Once a possession order is granted, a tenant will normally have between 14 days and 42 days to leave your property, depending upon the Judge’s decision. If they do not leave by the date specified, bailiffs can be used to evict them.

Who pays court costs for tenant evictions?

The court costs for evicting tenants vary considerably from hundreds of pounds to £2,000 or more. If a tenant leaves after being served a Section 8 or a Section 21 notice, costs are much less.

If you have legal expenses insurance, you may be able to claim back some or all court fees. You may also be able to get help paying court and tribunal fee from the government if you are on a low income.

Legal costs can be recovered from tenants if specified in the original tenancy agreement. If a tenant has behaved unreasonably, the Court may rule that they must pay you a greater sum of money than they would otherwise have done.

Davisons eviction solicitors

If you have a difficult tenant who does not pay their rent or otherwise breaches their tenancy agreement terms, we can help you. Our landlord solicitors know that a tenant’s behaviour can make your life and those living in neighbouring properties very uncomfortable.

We can help you legally regain possession of your property so that you can rent it out to a new tenant as soon as possible.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help