Eviction Notice Section 8 or Section 21
These services are essential to get right in residential property management. Incorrect drafting/processes may mean that the landlord is unable to obtain possession and/or arrears and other costs from their tenant.
Landlords cannot legally evict residential tenants unless they have obtained a court order for possession. Once a landlord does have a Possession Order, if the tenant doesn’t move out, that Possession Order ought to be enforced by bailiffs.
Prior to applying to court for possession the landlord must serve a notice on the tenant advising the tenant that they wish to bring the tenancy to an end. Proceedings cannot begin validly until after the notice period has expired. The notice can be handed to the tenant in person or sent by recorded delivery. Remember that the notice period given in the notice begins from the time the tenant receives the notice, not when the notice was posted. Always allow a few extra days so that there is at least the requisite notice.
There are two notice routes:
Section 8 notices (Breach – normally rent arrears)
Section 21 notices (Expiry)
We will draft and serve the notices on your behalf.Please note that this applies to English properties only. The Renting Homes (Wales) Act 2016 will come into force on 15 July 2022. This Act will fundamentally change the current system for letting residential property in Wales.
How long will it take?
We don’t generally do anything for new clients until our process of client retention has concluded – this involves agreeing the scope of what we are doing for the price (our terms are below), setting-up our client record, and producing the bill (payment in advance is required for all new clients).
After that, the production of the notice is a job that we can undertake in less than an hour once we can schedule it in our workflow, that can depend on how busy we are at any particular time. We would not usually take-on a job for which we could not engage within about a working week.
These notices have to be served - that takes time – see above.
The period for which each notice has to run before further action can be taken varies as the Government change the rules; we’ll advise on this, as part of our work.
Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim
We charge a fixed fee of £100 + VAT = £120 for either type of Eviction Notice (Section 8 or 21), without first checking the remainder of the tenancy documents for their suitability for basing possession proceedings; if you would like us to check the remainder of the tenancy documents for their suitability for basing possession proceedings before issuing either type of Eviction Notice (Section 8 or 21) our fixed fee is £200 + VAT = £240
There is more about our fees on our website here
If you have any questions or require any further information, please don’t hesitate to Contact Us.