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The Legal
Aspect
Stage 1 –
The Notice
We usually serve notices under the Housing
Act 1988 and the notice we serve are as
follows:-
- A
Section 21 Notice is a two month notice
whereby a landlord can receive his/her
property back without any given reason.
- A
Section 8 can be either an immediate, 2
week or 2 month Notice depending on your
circumstances. In the most common case
of rent arrears this notice gives the
tenant two weeks to leave your property.
- A
Notice to Quit is a four week Notice
which can be used for tenancies which
began before February 1989, licenses and
houses for Asylum seekers
Stage
2 – Court Proceedings
If you need to issue Court proceedings a
Claim Form is completed and lodged with
the relevant County Court. Your tenancy
agreement(s), Notice Seeking Possession,
Statement of Service and in some cases
rent schedule is attached to the Claim
Form. Under Section 8 and Notice to Quit
proceedings the court will set a hearing
date which you are expected to attend.
Under the Section 21 procedure the court
will issue the case and thereafter grant
an order for possession without the need
to attend Court. The Court will always
give the tenants the opportunity to
defend the case. However, if the
paperwork is correct and your
information is not misleading an Order
will be made.
Stage 3 – The Bailiff Appointment
If you have a very difficult tenant who
chooses to ignore the Court Order you will
need to apply for an appointment with the
Bailiff. We send instructions to our
solicitors to complete the appropriate form
and lodge with the County Court. You or an
agent are expected to attend the appointment
together with a locksmith.
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