Section 21 Notices:
Section 21 Notices are eviction notices if you want to evict tenants at the end of the fixed term.
It’s used to evict tenants and to gain possession of a property that is let under an Assured Shorthold Tenancy (AST). The notice can only be used to gain possession where the tenancy is for a fixed term and the property can only be vacated when the tenancy is at an end.
We must give a tenant a minimum of two months' notice, in writing. Serving a Section 21 Notice can occur at any time after the start of the tenancy, but notice cannot end earlier than the end of the fixed term.
The notice can also be served on the last day of the tenancy, in which case the tenant wouldn’t have to vacate the property for a further two months after the notice is served.
If the tenant is in the initial six months of the tenancy, then the notice cannot expire before the end of those six months.
A landlord does not need to give a reason as to why they are serving a Section 21 Notice.
Stage 2 - Litigation Proceedings:
75% of tenants respond to Stage 1 and either pay what they owe, or leave the property to avoid court action.
The 25% that ignore the notice(s) served require court action to obtain a possession order.
Our eviction team will start legal proceedings in order to evict the tenant.
We will prepare the file ready to be submitted to the local County Court, pay the court fee, obtain a hearing date and provide representation for you.
We recommend that either the owner or managing agent attend the hearing alongside our advocate, however if this is not possible we can prepare a witness statement in your absence for a fixed fee.
The tenant generally has 14 days in which to leave the property and pay any arrears outstanding once we are awarded the possession order.
Stage 3 - Bailiff Eviction:
There are always tenants who will disregard the law even when ordered by the courts to vacate the property within a given time frame.
If you are in this frustrating situation we will arrange for the Court Bailiffs to issue a warrant for possession of the property and to remove the tenant.
You or your letting agent will need to be present at the eviction. This service comes with a fixed Fee.
Under Section 42 of the County Court Act 1984, it is possible to request that a judge transfer the order to the High Court for enforcement by a High Court Enforcement Officer under a writ of possession. The benefit is that they have more powers to act quickly to get your property back and execute the writ in regards to the arrears.
We can provide a representative to attend the property on your behalf for the Stage 3 process should you be not able to attend. Please contact us for a firm quote if you require this service.