What is the process of eviction?

There are two ways a landlord can start the eviction process, using a:

  • section 21 notice – for eviction after a fixed term has ended
  • section 8 notice – for eviction at any time, including during any fixed term

If a tenant/tenants refuse to leave the property then the next step is to get a court order through a possession hearing.

If a Landlord is granted a court order and the tenant/tenants refuse to leave then Bailiffs or High Court Enforcement is instructed to evict the tenant/tenants.

How long does a landlord have to give you before eviction?

If a Landlord uses the section 21 procedure to evict tenants. You get at least 2 months’ notice to leave.

Landlords may use the section 8 procedure if you have rent arrears or have broken the terms of your tenancy agreement (for example if you have damaged the property). Depending on the grounds used in the eviction notice tenants get two weeks or two months notice.

How much does it cost to get an eviction notice?

The cost of eviction can vary depending on a number of factors. Normally you will need to pay a court issue fee in the first instance and any fee/cost in relation to bailiffs/High Court Enforcement once a possession order has been given. However, you may also decide to instruct legal advice to ensure the process is followed correctly as any mistake could see the eviction process delayed or thrown out of court.

If the claim is defended by the tenant then you may instruct legal representation at a hearing. This cost of any eviction needs to be assessed by a landlord in relation to unpaid rent as the quicker a landlord gets the property back the quicker the property can be re let.

Need to know more? Check out our Landlord Repossessions page or contact us.

landlord repossessions

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