RESIDENTIAL EVICTIONS

The legal requirements and obligations for landlords is ever changing.

Typically, in addition to providing a property fit for habitation, landlords must provide the following documents to a tenant:

• An Energy Performance Certificate (“EPC”).
• An Electrical Installation Condition Report (“EICR”).
• Gas Safety Certificate.
• How to Rent Guide.
• Deposit scheme certificate and the prescribed information (if a deposit has been taken).

If just one of the requirements has not been met, either before you let a property to a tenant or before you serve a notice seeking possession, then the process to evict the tenant can be delayed. In some cases, you could be prevented from obtaining possession altogether. If you are unsure whether you have submitted the necessary documents and information to your tenant, our specialist solicitors are able to advise on what action should be taken before you can serve a valid notice seeking possession.

It is of course in everyone’s interests to try and resolve matters amicably. We would therefore recommend engaging with your tenant first before instructing solicitors. You can explain why you want the tenant to leave the property and give them a period of time to vacate before you have to escalate matters.

If you want to formally seek possession the starting point is to first serve on the tenant, the correct notice. There are two types of notices, and it is important that you serve the correct one in the correct format. The notices are commonly referred to as a Section 8 or Section 21 notice. The period of notice you must provide the tenant with (before you commence possession proceedings) and the contents of the notice depends upon the circumstances of your claim.

It is important to note, that you must not remove the tenant by force. Equally you must not change the locks or do anything else that prevents the tenant from living in the property (unless the tenant has already left the property, or you have obtained a possession order from the court). To avoid any claim for unlawful eviction it is important that you speak with our expert solicitors today.

A Section 21 Notice is a notice made pursuant to Section 21 of the Housing Act 1988. It is often referred to as a ‘no fault’ eviction notice as it does not require the landlord to show that the tenant has breached the terms of the tenancy in order for it to be valid. All you need to show when serving a Section 21 Notice is that the tenancy term has expired and that you have complied with all of your obligations as a landlord.

There are a number of advantages in serving a Section 21 Notice, including:

• Speed. Following service of a Section 21 Notice you can apply for possession using the ‘Accelerated Possession Procedure’. This allows the court to deal with non-contested applications without a hearing.
• Certainty. If you have complied with all of your obligations as a landlord, and the Section 21 Notice is valid, then the court is obliged to order that the property be returned to you.

There are however also a number of disadvantages including:

• Notice Period. You must provide the tenant with at least two months’ notice to leave your property before you commence possession proceedings.
• Noncompliance. For a Section 21 notice to be valid it is essential that you have complied with all of your obligations as landlord. If it transpires that you have not complied with everything and you need to remedy something, then you will need to start the process again and serve a new notice on the tenant.
• Unable to pursue for rent arrears. If you bring a claim under Section 21 you cannot claim for any arrears of rent or anything else that the tenant may owe you.

A Section 8 Notice is a notice made pursuant to Section 8 of the Housing Ac 1988. It is most commonly used where a tenant has breached the tenancy in some way, such as the non-payment of rent or some form of anti-social behaviour.

There are a number of advantages in serving a Section 8 Notice, including:

• Length of Notice. The length of notice is dependent upon the legal ground relied upon by the landlord to evict the tenant and can be anywhere between two weeks to two months. The most common ground is the nonpayment of rent and in certain circumstances the landlord need only provide two weeks’ notice before commencing possession proceedings. This is considerably less than serving a notice under Section 21 of the Housing Act 1988.
• Recovery of Money. Unlike with accelerated possession proceedings if you bring a claim under Section 8 you can also include a claim for unpaid rent. You can therefore recover any rent arrears as part of the same claim.

There are however also a number of disadvantages including:

• Cost. Possession proceedings under Section 8 are usually more detailed than proceedings under Section 21. If contested, you will need to establish a breach and provide evidence in support. You may also need to prepare witness statements and provide disclosure of key documents that you seek to rely upon. All of this adds to the costs of bringing a claim.
• Time delays.  Due to the procedural steps involved and the need for a final hearing Section 8 claims usually take longer than Section 21.

Step one: Review of the tenancy file and if necessary, prepare Section 8 and/or Section 21 notice(s) – £500 plus VAT.

We will review your case to ensure that all the relevant documents and information has been provided to the tenant. We will review your documents and advise you on how to comply with your obligations. If you have already served notice on the tenant, we will review the notice and make sure that it is compliant. If there are any defects with the notice, we will assist you in remedying those defects. If necessary, we can draft and provide the relevant notice(s). We will record and report on all relevant dates and keep you updated throughout the process. We can also arrange for the notice to be served on your behalf.

Step two: Issue accelerated possession proceedings – £1,000 plus VAT and disbursements

Accelerated possession proceedings are a quick and cheaper option to standard possession proceedings as they are normally dealt with on paper without a court hearing. They are however only suitable in certain circumstances and there are several procedural hurdles that you need to overcome before you can bring a claim. Before commencing proceedings, we will review your case and determine whether accelerated possession proceedings would be suitable.

If applicable to your circumstances, we will prepare and submit your claim at court. We will keep you updated throughout the process and provide you with a copy of the Possession Order once obtained. Our fixed fee quote is based on the claim being uncontested (meaning that the tenant has filed no defence). If the tenant seeks to oppose your claim, we will provide you with cost estimate for dealing with your case to conclusion.

Alternative Step two: Issue standard possession proceedings – £1,250 plus VAT and disbursements

In certain cases, it is more appropriate to commence standard possession proceedings. For instance, in cases where you are seeking to recover rental arrears as well as seeking possession you will need to opt for standard possession proceedings rather than accelerated possession.

In these cases, we will draft and issue with the court the required court documents. We will liaise with the court and record and report on all upcoming deadlines. This fee includes all costs up to and including preparation for the first hearing which covers the preparation of a witness statement, a cost schedule and arranging representation for you at the first hearing. Our fixed fee quote is based on the claim being uncontested (meaning that the tenant has filed no defence). If the tenant seeks to oppose your claim, we will provide you with a cost estimate for dealing with your case to conclusion.

Step three: Application for a warrant of possession – £300 plus VAT and disbursements

We will prepare and issue the warrant application. Once a date for the warrant to be executed has been set we will arrange for the bailiff to attend the property to secure possession.

Disbursements include court fees and advocate fees (for representation at hearings). Disbursements will be agreed before they are incurred.