Possession Process Stage One

Stage One - Advising, Preparing and Serving Section 8 and/or Section 21 Notices

The eviction process is initiated by serving the appropriate notice advising your tenant that you intend to take back possession of the property.

There are two main types of notice:-

Section 8 Notice, or notice seeking possession, is served where we are relying on one
or more grounds (usually rent arrears) in Schedule 2 of the Housing Act (“the Act”) as the
basis for gaining possession. If the eviction is due to rent arrears then the notice period
given in the Section 8 Notice will be two weeks.

Section 21 Notice, or notice requiring possession, is served where the priority is to
obtain possession of the property. The Section 21 Notice requires us to provide your
tenant with 2 months’ notice of your intention to take back possession of the property. It
does not require you to show any “fault” on your tenant’s part.

A Section 21 Notice can be served at the same time as, and as a “back up” to, the
Section 8 Notice.

Stage Two - Issue of Court Proceedings

Stage Three - Obtaining a Possession Warrant

Getting in touch

To find out more about how our Property Recoveries service can help you, please contact Kyle Wyness on 01295 204135 or email kwyness@se-law.co.uk

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