- Which type of notice should I send?
This depends on why you want the tenant to leave the property. If it is because you simply want the tenant to leave after the expiry of the tenancy, you should send a section 21 notice. If it is because the tenant has broken the terms of the tenancy, e.g. they have failed to pay rent or caused a nuisance, you should send a section 8 notice.
- My section 21 notice has expired, what type of claim should I pursue?
Accelerated possession proceedings are just that. The claim is issued and the tenant has fourteen days to respond. Once this time passes (and if no real issue is raised by the tenant), you can obtain a possession order. However, you cannot claim for anything else, e.g. rent arrears. Standard proceedings can be issued to claim possession and other things, e.g. rent arrears, however, the process is a longer one. Think about what is more important, getting the property back as quickly as possible or claiming for all of your losses.
- I haven't lodged the deposit with a recognised tenancy deposit scheme - What should I do?
You should do so immediately and provide your tenant with the ‘prescribed terms’. It is not possible to send a section 21 notice for as long as this hasn’t been done and your tenant may have a claim against you for failing to protect the deposit.
- How do I speed up the court?
Unfortunately, this isn’t possible and this is why some landlords chose to use the accelerated possession procedure in order to get the property back as soon as possible. Our team will, of course, regularly chase the court for an order.
- How long will all of this take?
It can take up to two months from starting the claim to obtaining a possession order. Normally the court will order that the tenant leaves within fourteen days. After this time, if the tenant hasn’t left, we can instruct bailiffs to remove them.
- How does the Deregulation Act affect me?
The Deregulation Act 2015 brings in many new requirements for landlords. However, for the time being it doesn’t affect any assured shorthold tenancies granted before 1 October 2015. However, after three years, the Act will apply to all assured shorthold tenancies.
- Will I need to attend the hearing?
In most cases it will strengthen your case if you are able to attend and provide evidence at the hearing.
- Can I evict without a court order?
In all cases, the relevant notice must be sent. If, after its expiry, the tenant does not leave or refuses to leave, you will need to apply to the court for a possession order.
- How long before a possession order takes effect and the tenant leaves my property?
A possession order should order that the tenant leaves my property within fourteen days. In all possession orders, however, the court can extend the time that the tenant must leave to up to six weeks from the date of the order. No more time than this can be given and it can only be given in cases in which the tenant will be caused ‘exceptional hardship’ by having to leave the property within the normal timeframes. Due to the requirement that the hardship is ‘exceptional’, this can be a high threshold to meet. Simply having to leave the property should not be seen as ‘exceptional’ because it is part of the normal course of events in eviction matters.