Introduction to eviction proceedings
This section is just an introduction to the subject and is intended to help you make your mind up rather than provide a guide to bringing court proceedings yourself.
If you want a DIY Kit, note that this is available as part of my >> Landlord Law Site.
Here are your options:
Claim based on a section 8 notice claiming under the 3 rent arrears grounds
- The notice period is shorter so you can issue after just a couple of weeks
- You will not be able to use the special ‘accelerated procedure’ so there will have to be a court hearing (which you will have to attend to give evidence about the rent due)
- If you succeed you will get a money judgement for the rent arrears due at the date of the hearing as well as an order for possession
However:
- The tenant can defeat your claim by bringing the rent arrears down to under two months worth.
- The tenant can do this any time up to the date of the court hearing.
- You cannot prevent him doing this by refusing to accept rent (even a cheque paid to you at court)
Claim based on a section 21 notice
- Provided you have a written tenancy agreement, you can use the special ‘accelerated’ procedure.
- This is slightly quicker as there is no court hearing – the Judge makes his decision based on the paperwork you submit with your application
- If the case has been correctly prepared and the paperwork is correct, the Judge cannot refuse to make an order for possession
However
- The notice period is longer – in no circumstances can be it less than two months, and sometimes it is considerably longer
- Your paperwork must be perfect. If there is any error the Judge will either reject the claim altogether or, if there is some doubt, set the matter down for a court hearing
- You cannot use this procedure to claim for rent arrears. If you try to do this the Judge will probably reject the whole claim, which will delay matters. All you can do is claim for possession. However for many landlords, that is sufficeint as they know that their tenants, realisitically, are unlikley to pay anything.
The next section takes a look at the grounds that you need to use.