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What do you
do first?
We fully analyse your situation in great
depth
and take into consideration every issue. We
will thereafter let you know the best course
of action.
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What notices do you serve on
my tenant?
We serve many types of notices, the most
common are as follows:-
- Section
8 Notice – this is usually a two week
notice to the tenant to leave the property
and is for rent arrears. Please note that
there needs to be at least two month’s rent
arrears for the Court to make a mandatory
Order for Possession. There are various
other grounds for possession and the time
limits vary.
- Section
21 Notice – this is a two month notice
whereby the landlord requests the tenant to
leave the property. The landlord does not
need to give a reason why possession is
sought. The landlord can not end a tenancy
before the fixed term has expired.
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The contract states that I
can take possession if the tenant does not
pay rent, without Court attendance.
Do not evict your tenant
without firstly obtaining an Order for
Possession. You cannot evict your tenant
without taking the correct court action as
this is illegal. Should you take this
sort of action your tenant will be entitled
to compensation and furthermore if your
tenant contacts the appropriate authorities,
you will be expected to let the tenant back
into the premises.
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I have less than 2 month’s
rent arrears. Can I still issue Court
proceedings under Section 8?
Yes, you can serve the tenant with a Section
8 Notice. However, you will need to rely on
grounds 10 & 11 which are both discretionary
grounds. The Courts may not grant
possession in favour of the landlord. It
may be in your best interest to serve a
Section 21 Notice. We will judge every case
with its merits and let you know the best
route.
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I do not have a written
contract. Is the person who resides at
the property a tenant?
Yes, person who resides in
the property has an oral tenancy.
Depending on the date he/she moved into the
property and the living arrangements will
depend on the type of tenant.
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I do not have a written
contract. Can I still gain possession
of my property?
Yes, we firstly need to
analyse what type of tenant you have and
thereafter serve the correct Notice Seeking
Possession.
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Define the accelerated and
non accelerated routes.
Accelerated Route – To use this route the tenancy must be an assured short-hold, a
valid Section 21 Notice must be served and
there must be no change in landlord. If the
paperwork is in order an Order for
Possession will be granted without the need
for the landlord to attend Court.
Non Accelerated Route
– All claims that do not fit the above
criteria will proceed under this route. The
Claim Form is submitted to the relevant
County Court and the landlord or the
landlord’s agent must attend Court as a
hearing date will be listed.
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How long does it take to get
a hearing date?
It takes between 4-10 weeks to get a hearing
date from the date the Claim Form is
submitted to the County Court. London
Courts are the Courts that sometimes take
slightly longer due to high volume of
cases. We do push the Courts to issue cases
sooner and attempt to get a hearing between
4-8 weeks, sometimes sooner.
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How long does it take to get
an Order for Possession under the
accelerated route?
It normally takes 4-8 weeks to get an Order
for Possession and again, London courts can
sometimes take slightly longer due to high
volume. We do try to push the Courts to
issue the case sooner and in the majority of
cases it works.
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What do I do on the day of my
court hearing?
We will inform you of the name of your
advocate. You are required to attend the
hearing with your advocate and bring your
original tenancy agreement(s). Your
advocate will contact you at least 2 days
prior to the hearing and run through the
procedure with you.
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What happens if my tenant
does not attend the Court hearing?
The judge should award you an Order for
Possession if the paperwork is in good
order. The Judge does need to be satisfied
that the tenant has been informed of the
hearing. Although the Courts send the
tenant the paperwork, we send further copies
of the same to ensure that Judges are
satisfied.
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What happens if my tenant
does turn up at court?
This may mean that your tenant is replying
to your claim. If the tenant has a valid
defence to the claim your matter will be
adjourned. Before the matter can be
adjourned the Court needs to accept your
tenant’s defence. The usual form of defence
that tenants rise is a claim for disrepair.
Again during the first point of contact we
will ask you whether there is any disrepair
to the property. If there is disrepair, we
will advise you accordingly.
Should your matter be adjourned, you will
deal directly with our solicitors who will
resume control of your case and you will (in
our view) receive a good rate for a first
class service. It is impossible for anyone
to offer fixed fees for these types of
cases.
Please note that it is extremely rare for
these incidents to occur and we have yet to
have a case which has been contested.
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I do not want to see my tenant, do I need to
attend?
No, we can arrange for an agent to attend on
your behalf.
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What happens once I get an
Order for Possession?
The Order for Possession will provide a date
for the tenant to leave. The tenant should
leave by this date which is normally 14
days. If the tenant does not leave we will
apply to the Court for an appointment with
the Court Bailiffs.
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How long does it take to get
a bailiff?
Normally it will take between 4-10 weeks to
get the bailiff to the property depending on
the County Court. Please note that it is a
requirement of the law that only the County
Court Bailiffs can attend a possession
matter.
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What do I do on the day of my
bailiff date?
We advise you arrive at the property at
least 15 minutes before your appointment
together with a locksmith.
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What about all the money I am
owed can I recover it?
Many landlords do want to pursue the money
Judgment that was made in their favour. Our
advice is to consider very carefully if you
wish to proceed. If you take this matter
further it is best that you know exactly
where the tenant works and/or where the
tenant has moved to. If you do not know
these two factors it is unlikely that you
will recover any money. Furthermore, if the
tenant has not got any assets it is unlikely
that you will receive any of the monies.
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