In this crucial stage, we carefully review the information that is given to us.
If we deem that the information given to us requires action, we will advise to make sure the notice is delivered without any potential risks.
When all the necessary documentation is properly prepared, we will draft and serve the relevant notice accordingly.
If a tenant refuses to leave the property even after receiving a possession notice, the next step is to start a court claim. We can assist you in drafting the necessary documents for this legal process.
We will handle the completion of the appropriate court forms and ensure that all required fees are paid through our court fee account to start the claim process. If your case necessitates a hearing, we will promptly notify you of any additional fees associated with it.
In this phase, we will gather all of the applicable documents together in a formal Court bundle with an organised index for the judge’s reference during the court hearing.
Please note, our fixed fees do not apply and we reserve the right to increase our fees, if your matter is found to be non-standard (for example the matter becomes defended). If your case is listed for a hearing, we are required to prepare a bundle of papers and draft a witness statement to assist with prioritising your case. Should your case become defended and go to trial, this may potentially lead to additional legal costs being incurred. If this should be the case, you will be informed in advance.
Arrangements will be made by us for a skilled representative to assist you in court.
Serving a notice is a crucial part of the possession process as you are unable to proceed without the notice being served. While this may not be difficult, huge problems can occur even if the smallest errors are made. This is why we urge you to instruct us to deal with the preparation and service of the notice for you and avoid doing it yourself.
Invalid notices often go unnoticed when tenants vacate the property, which is not problematic. However, when tenants do not leave, discovering the notice's invalidity only occurs when court action is required, leading to significant issues.
Often, Landlords may find forms on the internet for no cost. However, it is uncertain who has drafted these notices and this is therefore very risky. This is why you should enlist the help of trained professionals.
An invalid notice leads to you having to restart the whole process, meaning all the time you have spent waiting will be wasted. If there were pre-existing rent arrears, they may accumulate further. In cases where there were no rent arrears, they might even begin to accrue. This results in additional fees, more lost rental income, and yet no possession achieved. Furthermore, tenants may become aware of the situation, potentially leading to counterclaims. The repercussions of an invalid notice can be extensive and costly.
Courts are highly aware of the consequences of possession proceedings, which can lead to tenants losing their property and becoming homeless, hence why they take great care when examining the notice. Ensuring the notice is valid is crucial.
We understand that the process may take time, however, the risks can be detrimental if you choose not to consult trained professionals like us.
Section 21: If no, you can use section 21.
Section 8: If over two months’ rent or breach for something other than non payment, you can use section 8.
Section 21: The tenant cannot defend a section 21 claim if the application is valid.
Section 8: Even if you get an Order for rent arrears you still need to recover the money owed.
Section 21: The section 21 procedure is smoother if you have fully complied with deposit or gas safety legislation.
Section 8: The section 8 procedure does provide the tenant with a range of defences even if they cannot ultimately prove them.
Section 21: Under section 21 you must give the tenant two months notice.
Section 8: Under section 8 you may only have to give the tenant two weeks’ notice even if you are still within the fixed term.
Section 21: Even though rent arrears are not covered under s21 you can make a separate claim for debt within six years.
Section 8: Even if the tenant does not have any assets or employment, we can apply to register your money judgment ensuring there is a public record by way of CCJ.
