Rental repossession explained

If you want to repossess your property, you can't just change the locks. Tenants have a right of occupation and landlords have to make sure they serve the correct notice, issue court proceedings and then obtain a court order.

Only after a court order has been obtained, can landlords evict tenants using court bailiffs.

What is the process of rental repossession?

The majority of private tenancies are assured shorthold tenancies. These can be brought to an end by either a Section 21 notice or by services of a notice under Section 8 of the Housing Act 1988.

Section 21 notice:

• Served when a tenancy term comes to an end or after the initial four months of a tenancy.
• No reason or ground required, but a landlord will need to demonstrate compliance with various requirements that they gave certain information to the tenant(s), and that they hold a relevant licence if the property requires it
• Proceedings can be issued in court using the accelerated procedure

Section 8 notice:

• Served for breaches of tenancy such as none payment of rent or nuisance complaints, or any breach of the tenancy other than one relating to rent
• Can be served anytime during the tenancy
• Landlords need to prove their case in court. There will be a hearing

How can we help?

We're able to assist you with the following:

• Serving Section 8 or Section 21 notices
• Drafting and filing claims for possession
• Attending initial possession hearings, represent your case in court
• Enforcing orders for possession

Furthermore, we can assist you with related topics such as:

• Housing disrepair, fitness for human habitation
• Licensing breaches
• Tenancy deposit claims

Our solicitors can help you to understand your situation and explain your options. Call us now on freephone 0800 780 2730.

Costs of legal advice

In most cases, we're able to help you on a fixed fee basis. This will give you a clear understanding of what the cost will be up front.

Service of a Section 8 notice seeking possession on the basis of rent arrears, Section 21 "no fault" eviction notice or Notice to Quit:

• One tenant - £75 + VAT
• Two tenants - £100 + VAT

Drafting and filling a claim for possession (including preparation of a witness statement setting out the basis of the claim:

• One tenant - £400 + VAT plus court fee of £355
• Two tenants - £450 + VAT plus court fee of £355

Attendance at an initial possession hearing (on non-accelerated cases):

• All cases - £160 + VAT

Enforcement via County Court Bailiff Eviction:

• All cases - £100 + VAT plus court fee of £121

We can also advise on bulk or repeat instructions and would be happy to discuss these with you. Contact us now on freephone 0800 780 2730.