THE RESIDENTIAL EVICTION PROCESSEvicting a Tenant can be an expensive process due to legal costs and lack of rental payments. We therefore understand that to minimise the costs associated with eviction, it is important that the process is time and cost efficient. Medway Property Services are committed to working with your Tennant during the eviction process to produce a fair and sustainable outcome for all parties by maximising your income, and preventing the need for Tennant eviction.
Step 1 - Serving a NoticeThere are two options when serving a notice to your Tennant, Section 8 (Notice to Quit) or Section 21 (Notice of Possession) under the Housing Act 1988. Serving a notice quickly and efficiently ensures that the Tennant understands the situation, and it allows you to gain greater control over potential options. Often serving the Notice is all you ever need to do. There are several things that must have been complied with in order to serve a Section 21 Notice successfully so it is essential you seek the necessary advice. For more information on the advantages of serving a notice, please contact our helpdesk on 01634 907 030. https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy
Step 2 - Eviction Under Section 21Under Section 21 a Landlord is simply asking for his property back. He is not accusing the Tenant of any wrongdoing. The Landlord must give the Tenant a minimum of two months’ Notice after which a claim must be submitted to court for possession if the tenant has not moved out. More commonly, there is no hearing unless the tenant submits a defence or counter claim which can cause complications, which we are fully equipped to handle.
OR - Eviction Under Section 8Under Section 8 the Landlord is asking for his property back because the Tenant has defaulted under the terms of the tenancy agreement. This may be non-payment of rent or any one of several other grounds defined by Schedule 2 of the Housing Act 1988, for example; antisocial behaviour or causing damage to the property. In most cases, when a Tenant receives the Section 8 Notice, they do leave the property. If they do not leave, we can proceed to Step 2; applying for a possession order from a The Court. Online possession claims give you a hearing date in approximately 4-6 weeks. You can only use this method for rent arrears only, other circumstances require paper forms to be submitted to the Court and signed by the Landlord. The Landlord must be present at any Court hearings and will be represented by one of our advocates. The Court will request the presence of The Landlord in order to verify the situation and factual information. Very few Tenants remain in the property after receiving a Court order with a possession date. If the Tenant does not leave by the appointed date, we will have to instruct a Bailiff (Step 3). The Bailiff is the only person who can legally remove the Tenant from the property.
CounterclaimsThe Tenants may counter your claim for possession or arrears, usually because of disrepair issues or to challenge the level or arrears. Challenging a counterclaim for disrepair involves additional investigations which may incur further costs. For more information on Counterclaims and costs, please contact our helpdesk on 01634 907 030.
Step 3 - Bailiff WarrantIf the tenant remains in the property after the possession date, the only person who can ask them to leave is The Court appointed Bailiff. A warrant is will then be applied for and we will attend the property with the bailiff usually between 3-5 weeks later. Once our tenancy support is effective and the tenant is complying with any payment plans, there may no longer be any need to instruct a Bailiff. We have up to twelve months to rely on the possession order and instruct a bailiff.
WHY USE MEDWAY PROPERTY MATTERS1. 100% success rate. 2. Guaranteed eviction –The more evidence you can provide to start with the less likely it is that the case is defended or the wrong information provided. If the right information is provided in the beginning, we are more likely to gain possession quickly. 3. Fixed Fees – no hidden charges, all charges will be discussed at each step before works commence. 4. Deposit required for each step. Invoiced on completion of each step. 5. Court fees required up front for steps 2 & 3. 6. Like for like our service is the cheapest available. 7. If you want us to check the validity of your Section 8 or 21 Notice already served by you, we are happy to assist you free of charge. We can go straight to Step 2 as long as your Notice served is correct, with fees payable as below. 8. We are backed by The National Landlords Association Solicitors. 9. We are accredited members of the Chartered Institute of Housing. 10. We employ Medway and London Accredited Landlords. 11. We have over 15 years experience and over 200 successful evictions to date. 12. We are fully insured with public liability and professional indemnity insurance.
Step 1 - Serve NoticeIncludes:- Preparation of arrears statement for Section 8 Draft and serve Section 8 Notice and/or 21 Affect service of Notice on the Tenant, usually by hand or by first class post, if outside Medway Complete Certificate of Service One Notice £60 Both Notices £100 Extra charges apply if correct information not provided in first instance
Step 2 - Court ProcessIncludes:- Preparation and service of Court Papers for Section 21 Preparation of online claim for Section 8 rent arrears or Court papers for any other ground Court hearing rarely needed for Section 21 but representation if case defended Representation in Court for Section 8 – you as Landlord will need to attend also Crucially dealing with any defence paperwork prior to and in Court Obtaining possession order from the Court £175 NO VAT plus Court Fees Court Fee Section 21: £355 Court Fee Section 8: £325
PREPARATION OF DEFENCE AND DIRECTIONS HEARINGSPreparing any Counterclaim and defence - needed if hearing adjourned for extra evidence if defended. Includes liaising with Citizens Advice Bureau and inspecting the property and liaising with council if necessary. Approx. 4 – 6 hours work £25 per hour plus £36 for attending court DEPOSIT OF £100 REQUIRED
PREPARATION AND ATTENDING HEARINGSMaking standard disclosures to court, obtaining and exchanging witness statements, attending mediation with citizens advice bureau. Approx. 4 – 6 hours work. £25 an per hour plus £16 an hour for attending court DEPOSIT OF £100 REQUIRED
ATTENDING FURTHER COURT HEARINGSIf requested because of lack of evidence provided by landlord, and further mediation if necessary. £100 – preparation plus £16 per hour for attending court DEPOSIT OF £100 REQUIRED
Step 3 - Court BailiffsIncludes:- Preparation and service of Bailiff Warrant request Attendance at the property with Court Appointed Bailiff once Possession has been granted but Tenant fails to vacate the property A locksmith will need to be arranged to gain entry if the Tenant has vacated and not handed back the keys – we would recommend locks be changed even if you get the keys back £75 Court fee: £121 Locksmith charges, as invoiced
ATTACHMENT OF EARNINGS ONCE POSSESSION GRANTED AND TENANT VACATEDIncludes:- Preparation of Court Forms to apply Chasing tenant to confirm employment details Liaising with the Court over Attachment of Earnings progression Collecting monies paid to Court and paying over to landlord in due course £75 NO VAT Court fee £100
OBTAINING ARREARS VIA SMALL CLAIMS COURTIncludes:- Preparation of Court Forms to apply Liaising with the Court over progression Collecting monies paid to Court and paying over to landlord in due course £75 NO VAT
6/13/2017 7:19:23 PM
I came across a situation where my tenants didn't pay rent and reluctant to clear arrears without any genuine reasons. After speaking to Joy I felt that I was talking to a professional who new the legal matters well and understood my position well. Joy explained the situation very clearly by answering all questions and took fair and prompt action to toward my tenants.
T: 01634 907 030
M: 07496 252 408