We help landlords and agents with problem tenants and take the surprises out of legal action. Our eviction services will help you gain possession of your property in compliance with the law.
Accuracy is key and you won’t find a more accurate service than ours
The first to introduce the much copied three-step procedure and have now added a very popular fourth debt recovery step to our service
Over 60% of all tenants we serve leave at step one.
Accuracy is key and you won’t find a more accurate service than ours.
We were the first to introduce the much copied three-step procedure and have now added a very popular fourth debt recovery step to our service.
Well over 60% of all tenants we serve leave at step one.
Only an obstinate tenant doesn’t leave by a date set by the court. When they don’t, we arrange for officials to remove them. The fee includes an application to the bailiff which can only be made after we have a possession order. Some judges agree to allow us to apply for a high court sheriff to enforce the possession order. This is a much quicker process than instructing a county court bailiff and, although there is a higher fee, is recommended if it was granted by the court.
InstructServing a notice is actually the most important part of the possession process. You can’t do anything until notice is served. It isn’t complicated, but one tiny error can cause dreadful problems. That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.
There are invalid notices served every week, but nobody ever knows because the tenants leave. That’s fine. But when they don’t leave and your notice is invalid, you have real problems. This is because you only find out at Step two, when you need the court.
If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more. If there weren’t rent arrears, they might now start. More fees. More lost rent. Still no possession and tenants can be alerted to making a counterclaim.
Courts take the view that possession proceedings can make someone homeless, so they are very careful. If there’s any error in the notice, they throw the case out. It’s the process - get it right or lose. There are still landlords and agents risking hundreds or even thousands because they want to save a few pounds on a notice, but it just doesn’t make any sense!
Landlords can find free forms on the internet. There are cheap amateurs and companies dressed up like lawyers. Be careful. Often their fees don’t include court fees or VAT, or both. And you need to ask the question, who is drafting these notices?
We’ve been doing this since 1999. We know it’s all about the detail. Detail needs experts. And detail takes time. Expert time is worth it if it saves you a costly mistake.
If no, you can only use s21
If over two months' rent or breach for something other than non-payment, you can use s8
Under s21 you must give the tenant two months' notice
Under s8 you may only have to give the tenant two weeks' notice even if you are still within the fixed term
Even though rent arrears are not covered under s21 you can make a separate claim for debt within six years
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
Tenant cannot defend a s21 claim if the application is valid
Even if you get an Order for rent arrears you still need to recover the money owed
The s21 procedure is smoother if you have fully complied with for example deposit or gas safety legislation
The s8 procedure does provide the tenant with a range of defences even if they cannot ultimately prove them
The Landlord Action legal team are experienced lawyers and paralegals who are experts in property law. Our aim is always to resolve issues quickly and minimise losses. Speak to one of our team to find out how you can get the results you need.
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