Evicting Tenants

The Landlord must provide a notice of eviction terminating the assured shorthold tenancy (AST) to evict a residential tenant either via the standard or the accelerated notice procedure, or risk a possession claim being struck out of court, forcing the Landlord to serve a fresh notice of eviction and wait another 2 months before starting proceedings.

Eviction Legal Costs

We are transparent with all our costs so you can instruct us without having to worry about increasing legal costs. We charge fixed fees for every stage of the eviction process.

Eviction Notice and Advice

£200

Possession Order Proceedings

£600*

Bailiff Action

£250

*plus disbursements (e.g. court fees (£355). Court attendance is charged separately, but section 21 proceedings are usually decided without a hearing unlike possession proceedings under the section 8 route).

How to Evict a Tenant

There are essentially 3 steps to evicting a residential tenant:

  • Step 1: Serve either a Section 8 or a Section 21 Notice

  • Step 2: Issue Proceedings for a Possession Order

  • Step 3: Bailiff Action

What is the differance between Section 8 and Section 21 Notice?

We are specialist tenant eviction solicitors based in Docklands, London. We advise landlords about both Section 8 and 21 eviction notices under the Housing Act 1998. Section 8 notices are applicable only if grounds for possession exist such as rent arrears.

Section 8 Procedure 

This is referred to the standard possesion procedure and is known as 'fault notice' because you have to show fault of the tenant to repossess your property. This procedure could mean a 8 week delay in securing possession and you may have to attend one or two hearings, but the notice periods could be as short as 2 weeks depending on the type of breach.

Section 21 Procedure

However, the Section 21 procedure for possession works on 'no fault notice' basis, where you do not have to show that the tenant is in breach of the AST. All you need to demonstrate is that the tenancy has ended and the notice of eviction was properly served before issuing proceedings.

Periodic Tenancy

An AST will lapse into a statutory periodic tenancy after it expires and that is when notices can become complicated under section 21. The notice to a periodic tenant must specify an actual date and that date has to be the last day of the period of a tenancy. Calculating this becomes even more difficult as notices vary depending on whether it is monthly or weekly periodic tenancy.

Landlord's Accelerated Procedure for Possession

This is a procedure that is available for assured shorthold tenancies (AST) and commenced at the county court and providing there is no procedural defect the order can be issued within 4 weeks of being issued and often without the need for a hearing, but rent cannot be claimed under this procedure.

It is however, imperative that you have secured the tenant's deposit if you wish to take advantage of this procedure otherwise the case is likly to be thrown out. Landlords are obliged to secure rent within 30 days of receipt and deliver evidence of this to the tenant. Failure to do this will result in the court ordering damages up to 3x the rent.

Bailiff Action

We can advise from at every stage to ensure that you application for re-possession of your property goes smoothly. If the Tenant does not leave upon being served with a possession order, you must then apply a Warrant, which is served by the County Court Bailiff. As part of our litigation service we can manage the entire process for you end to end for a fixed fee. 

Tenant Eviction Solicitors, Canary Wharf

For further information on tenant evictions, contact our tenant eviction solicitors in East London's Canary Wharf, on 0203 540 6340. Alternatively, complete our online enquiry form or email us at contactus@merchistonsolicitors.co.uk

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T: +44 (0) 203 5406340
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E: contactus@merchistonsolicitors.co.uk

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