Court Action Following S.21 Notice: £679.00 inclusive of court costs
When we take action using a Section 21 Notice we are simply asking for the property back. We are not accusing the tenant of anything. The notice period is a minimum of two months and does not require the tenant to vacate before the end of the tenancy agreement or break period.
Once the tenant receives the papers from the court, the majority will vacate. However if they remain in the property we then inform the court and possession will be granted. If they still remain in the property then we will need to move onto Step three.
Court Action Following S.8 Notice £759.00 inclusive of court costs
When we take action using a Section 8 Notice then we are asking for the property back because the tenant has defaulted on the terms of the tenancy agreement.
This is usually for non-payment of rent or any one of several other grounds allowed under Schedule 2 of the Housing Act 1988.
Once the notice period of at least 14 days has expired, if the tenant remains in the property, we can start court proceedings. Unlike the process for possession with a Section 21 notice we will be expected to attend court. It can take up to 8 weeks to get a hearing date depending on which court and how busy they are.
We will need to offer evidence to support the grounds that we are taking this action. It is vitally important that all the paperwork is in order because if there is any problem with it, the Judge will dismiss the case and we will need to start all over again.
Using mandatory grounds, as long as we can prove that the tenant has breached the tenancy, the court must grant the landlord possession. If there are rent-arrears we would also seek a money judgement from the court.
If granted, possession is usually ordered for 14 days later.