SECTION 8 NOTICE
AND
SECTION 21 NOTICE
All Section 8 and Section 21 Notices Served Within 48 Hours
- In all cases of possession written Notice must be given.
- We ensure all Notices are in the prescribed format, filled in correctly and properly served.
- One of the most common reasons a possession claim is dismissed (thrown out of court) is a defective Notice.
- It is very important to get this stage right. We prepare and legally serve Section 8 and Section 21 Notices.
- Which Notice is served is dependant on the type of tenancy in use and the circumstances of the case.
- Being served an eviction Notice is when most tenants realise how serious the situation is.
- Over half of tenants resolve any issues, pay the rent or leave the property after a receiving a notice from us.
FEES AND SERVICE
NOTICE STAGE FEES
We prepare and legally serve Section 8 Notices, Section 21 Notices or both together.
All Notices served within 48 hours of payment, excluding Sunday.
Section 21 Notice: £50
Section 8 Notice: £75.
Both Section 8 & 21 Notices Served Together: £100.
Tax, proof of postage and certificate of service included. No hidden fees. Eviction guaranteed. Money back guarantee.
NOTICE STAGE SERVICE
The service includes the following:
- Preparation and service of a section 21 Notice, a section 8 Notice or both.
- A strongly worded but professional warning letter.
- Certificate of Service
- Proof of postage.
- All Notices are served within 48 hours of payment being made, excluding Sunday.
We follow Civil Procedure Part 6 Rules when servings our Notices – the tenant cannot argue the Notice wasn’t received – legally it was served when we say it was.
WHY US ?
- We have a 100% success rate and 1000’s of happy customers.
- We ensure ALL the work is done BEFORE we get to court, mitigating any risks involved.
- Our methods are tried, tested and continuously improved.
- Service delivery is within 48 hours of payment being made.
- We deploy a Microsoft Full Stack data processing and security solution.
- We are members of the RLA, NLA, GRL and the Property Redress Scheme.
- We Guarantee Eviction.
CALL 0800 566 8 566
Call 0800 566 8 566 for a FREE case review now!
We can still help where:
- There is no tenancy agreement.
- The deposit wasn’t protected or was incorrectly protected.
- The deposit prescribed information wasn’t served or was incorrectly served.
- There are issues with the EPC, Gas Safety Certificate or How to Rent Guide.
*If you have already served notices we can check them before moving on to the Court stage.
SECTION 8 AND SECTION 21 EVICTION ADVICE
Section 21
New Legislation
New rules, as part of The Deregulation Act, were introduced on 1 October 2015, this Act added steps to the process of possession by Section 21.
The Act states that in all cases of possession, for a Section 21 to be valid, the landlord must have provided the tenant with copies of the following documents at the outset of the tenancy:
- The EPC (Energy Performance Certificate, this can be found on the “EPC Register” online if there is one).
- A valid gas safety certificate, if there is gas in the property.
- The most up to date version of The Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (this can be found on the .Gov website online).
You cannot serve a section 21 within the first 4 months of a tenancy. For a renewed tenancy, it can be served at any time.
Evidence
Proof that the above documents have been provided to the tenant will be required.
Deposit Refund Advice
To serve a valid section 21 the deposit should have been protected within 30 days of being paid, if not it must be refunded in full.
Alternately, you can offset it against rent owed or property damage with the tenant(s) agreement – Evidence of the full refund will be needed for court.
If the deposit was protected within 30 days, the deposit Prescribed Information must have been provided to the tenant before a valid section 21 notice can be served. Proof of this will be required for court.
Tenancy Agreement
You must have a signed copy of the tenancy agreement (the first and most recent tenancy agreement if there is more than one). If you do not have a signed please contact us for further advice.
Property Licence
If applicable – you must check this – you may need a valid Property Licence, as required by the local council (for example: a HMO licence or any other licence required by legislation by any local authority property licensing scheme or private rented licence scheme).
A Section 21 Notice cannot be served in the following circumstances:
- Where any of the above legislation has not been adhered to.
- Within the first 4 months of the tenancy.
- Where an Improvement Notice for repairs (Section 11 Notice and/or Section 12 Notice) have been served on the property by the local authority within the last 6 months.
For help with any of above please call 0800 566 8 566.
Section 8
For Section 8 Claims:
• More than 2 months’ rent must owed when noticed is served and at court on the hearing date.
• There must be no issues with repairs, disrepair and property condition.
• The deposit and deposit prescribed information should have been dealt with correctly.
• You must be able to prove the rent is owed via rent/bank statements.
Risks and Possible Delays
If proceeding for non payment of rent – if rent is paid weekly, arrears must be 8 weeks or more, if rent is paid monthly, arrears must be two months or more – BOTH when the Notice was served and at court at the hearing.
If you are relying on any other Ground for Possession (fraud, crime, disorder, damage) you must be able to prove by evidence to the court that you meet the criteria for obtaining a possession order.
Counterclaims
Section 8 proceedings allow the tenant to make a counterclaim.
This is usually due to the tenant claiming there are issues with the deposit or with repairs.
The tenant may not be bound by pre-court protocols in counterclaim situations and may meet criteria for public funding because they are at threat of losing their home.
Delays
The first Section 8 court hearing is only ever set for between 5 and 15 minutes.
If there is any dispute at the first hearing between the landlord and tenant the matter is usually adjourned as there is not enough time for it to be dealt with.
It is then re-listed to be heard on another day, usually the first available date after 4 weeks, with more time allocated for the matter to be properly heard.
Each time the case is adjourned the tenant remains in the property.
For help with any of above please call 0800 566 8 566.
ABOUT OUR SERVICE
We are a member of the:
The Independent Property Ombudsman
The purpose of PRS is to provide our customers enhanced customer service.
REVIEWS
Secure
We deploy a bespoke integrated Microsoft IT solution. Bringing together best-in-class data processing, communication and security products by Microsoft, with advanced systems and device management capabilities to process and safeguard your data. Data is processed through our systems as workflows quickly and meticulously, ensuring accuracy and security. All data is protected via Microsoft’s secure cloud servers. We control and manage access to all data. Our Full Stack Microsoft (Dynamics, Exchange, Office, Windows) deployment enables us to manage identity and access on all systems, protect all data and use advanced threat protection. We are also protected against unsafe attachments, suspicious links, and other cyber threats.
Informed
Our principals have decades of experience with residential evictions, tenancy enforcement, lettings, property management, landlord insurance and delivering excellent customer service. We manage large property portfolios for select landlords in the north and partner with leading insurers and brokers. Our staff are qualified members of the the Chartered Institute of Housing (CIHM), the Property Redress Scheme, the National Landlords Association, the Residential Landlords Association, the Guild of Residential Landlords, and CeMAP accredited, a Financial Conduct Authority (FCA) approved qualification.
Trusted
Our customers strongly recommend us. They score us 5 out of 5 stars. We have experienced staff and well developed systems in place to ensure we work as quickly and cost effectively as possible. We have a 100% success rate and 1000’s of happy customers. Our methods are tried, tested and continuously improving.
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PAYMENT
PAY BY BANK TRANSFER
Pay by bank transfer using your banks mobile app, online banking service, phone banking service, in person at your bank or in person at any RBS branch.
Our bank details are as follows:
Bank: RBS
Ac No: 12688664
Sort Code: 830425
IMPORTANT
The payment reference should be the first line of the tenants address.
Payments can take up to 2 days to clear but usually clear immediately.
Once payment has been made please send an email to info@expressevictions.co.uk or call 0800 566 8 566 to advise us of the details.
Tenants
We cannot help you. You should contact a solicitor or local advice centre.
We only speak to tenants when instructed by their landlord(s).
Landlords
Evictions usually take 2 to 6 months. Notices and court applications must run their course.
We do not deal with commercial property.
For an update on your case please email us. Emails are responded to within 4 hours, 9am-5pm.
Please read the Eviction Advice and T&Cs pages before contacting us.
Local Authority/Solicitor or Adviser Enquiries
All communication in writing. Please email any enquiries to info@expressevictions.co.uk.
Please include the tenants name, the rental property address and evidence of your authority to act.