STEPS TO EVICT TENANTS!
Serve Notice - Section 21 or a section 8 notice. A section 21 notice expires after 2 months, and a section 8 notice expiration depends on the grounds being used. Our company charges £96.00 to serve notices.
Apply to courts for possession. A cheque of £355.00 made payable to HMCTS is required. Our company charges £320.00 to complete court applications.
Once courts receive the paperwork, and if all the paperwork is fine, they will issue a NOTICE OF ISSUE on the tenants who then have 14 days from the date of that notice to provide a defence. Mostly tenants to do not put in a defence, but if they do a court hearing will take place for which you will be required to be present. A team member at 444 Rentals Ltd will also join you at the hearing. Our company charges £300.00 for attendance at court.
If no defence has been applied for by the tenants, courts will send an ORDER FOR POSSESSION.
If tenants do not leave by the date of possession, a WARRANT OF POSSESSION must be applied for. The cost to apply for a warrant of possession is currently £130.00. You will again be required to provide a cheque payable to “HMCTS”.
Once the courts receive the warrant of possession paperwork, a date will be provided for when the bailiffs can attend. This is the final step of the evection process.
We know that the whole process may sound daunting especially if you have never had any dealings with the courts before, however, rest assured the whole process is simply a system based approach that needs to be followed in order to gain vacant possession of your property and we are on hand to guide you throughout.
Unfortunately, if the tenants are in receipt of housing benefits, most councils and citizens advice bureau’s tend to advise them to remain in the property until the final steps of the bailiffs has been executed. They are advised of this, because only at this stage is the claimant actually classed as ‘homeless' and the local authority has a duty then to provide them with emergency accommodation.
Finally, please note that Estate Agents are not solicitors/lawyers and we are merely preparing the court evection paper work on your behalf with good intentions. Therefore, we can not be held liable for any delays or cost and claims, or any disputes arising. If you do require further legal advice or should you wish to instruct a solicitor then you may do so at your own accord.