As a landlord, it’s essential to be familiar with the various legal processes involved in regaining possession of your property. One such process is Section 8 possessions. Our legal team are experts at navigating this procedure to effectively ensure a smooth eviction process and vacant possession of your property as quickly as possible.
Section 8 possession refers to the legal process through which a landlord can regain possession of their property based on certain circumstances (grounds). The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. This process is governed by specific regulations and guidelines to protect both landlords and tenants.
To initiate a Section 8 possession, landlords must establish valid grounds for eviction. These grounds may include rent arrears, anti-social behaviour, property damage, or other breaches of the tenancy agreement. For a full list of the section 8 grounds, please see our guide here. It is essential to gather sufficient evidence and documentation to support the grounds for possession.
The first step in the Section 8 possession process is serving the tenant with a Section 8 Notice. This notice specifies the grounds for possession and provides the tenant with a set period to rectify the issues or vacate the property. The set period of time to vacate the property ranges from two weeks to two months, dependant on which ground the notice has been served under. It is crucial to ensure the notice is correctly drafted and served in accordance with legal requirements.
If the tenant fails to vacate the property by the end of the notice period specified in the notice, landlords may need to initiate court proceedings. This involves submitting an application to the court, attending hearings, and presenting evidence to support the possession claim. Seeking legal advice or assistance from an eviction specialist such as Eviction Support Group can be beneficial during this stage.
If the court grants possession, landlords will receive a possession order specifying the date by which the tenant must vacate the property. If the tenant fails to comply, landlords can apply for a bailiff appointment to enforce the possession order and regain control of the property.
With our fixed fee pricing, you can have peace of mind knowing exactly what you will be paying, without any hidden costs or surprises. Our legal team of eviction specialists will handle all aspects of the section 8 process, from drafting and serving notices to completing your possession order claim and enforcing of the claim with our in house bailiffs, ensuring that your eviction is carried out quickly, efficiently and effectively. Trust in our Section 8 expertise and experience to guide you through the eviction process, allowing you to focus on other important aspects of your property management.
We will complete an in depth review of your case and based on the information you provide us, give advice on action and next steps required alongside providing advice on the process and which route to possession is the most suited to your case to ensure you gain vacant possession of your property in the quickest time possible.
We will draft and serve the appropriate notice and provide a court approved certificate of service.
In the event your tenant does not vacate after notice has expired it will be necessary to make a possession claim through the county court. Our experienced team of paralegals will complete all of the paperwork required in preparation for the application to be sent to the county court.
We will complete the relevant applications, collate and index your documents and submit them to court, paying fees through our court account in order to start the claim process.
If a hearing is called, our expert advocates are on hand to represent and accompany you at court.
Once your possession order has been granted and the tenant still remains in the property, we will organise an eviction date through the county court, complete the bailiff risk assessment and pay fees through our court account.
If permission to transfer up your possession order to the high court has been granted, we will transfer through our HCEO to obtain a writ of possession. In some instances, this can be a faster process as high court enforcement officers are employed directly by Eviction Support Group
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