Recovering Possession
Managing repossession and tenant eviction
Our experience landlord and tenant solicitors can advise on all aspects of housing repossession and lawful eviction of tenants. Most landlords will need to give written notice to ask a tenant to leave their home, which is known as a notice of seeking possession or a notice to quit. There are two types of notice to quit, which both operate under the Housing Act 1998, Section 8 notices and Section 21 notices. We can advise landlords on serving the correct notice.
What is a Section 8 Notice?
A Section 8 possession notice can be served by a landlord while the tenancy is still in force. However, it can only be used when the tenant has committed a breach of the tenancy agreement.
What is a Section 21 Notice?
A Section 21 possession notice can be served by a landlord who is seeking repossession of the property after a fixed term tenancy ends, and is commonly known as a ‘no-fault eviction’. Landlords should be aware that there are some restrictions on when a Section 21 notice can be used.
How quickly can I gain possession of my property?
This will depend on the type of tenancy agreement the tenant holds and the reason for ending it. There are different rules, notices and notice periods according to the type of tenancy the tenant holds.
Can rent arrears be claimed alongside possession action?
Yes, if possession is applied for on the basis of certain grounds then the Court can be asked to make an order for possession alongside a judgment made that the outstanding arrears are paid.
Can I change the locks on my property to exclude a tenant?
No. The landlord must obtain an order for possession and then once this has expired, obtain a warrant for eviction in order to lawfully evict a tenant. Any attempt to change the locks before this will be deemed illegal.
Get in touch
Contact us to speak to a member of our landlord and tenant team. You can email enquiries@cartridgeslaw.co.uk or call us on 01392 286774.
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