Repossession Claims / Tenant Eviction for Landlords

• Service of Section 8 Notices
• Service of Section 21 Notices
• Repossession Claims in Leicester County Court and Nuneaton County Court
• Tenant Eviction
• Accelerated Repossession Claims
• Standard Repossession Claims
• Trespasser repossession claims

Repossession Solicitors in Leicester

Through my colleagues at Nexa Law, I have a team of experts in Possession Claims whether you’re in Leicestershire or Nationwide. The team have dealt with a considerable number of possession claims and every time we strive to provide:

• Plain English Advice
• Response – acting quickly to get your tenants out
• Results – getting you the best possible result
• Value – working on fixed fees where possible
• Convenience – meetings by phone, video call or in person at a time to suit you.

Can I evict my tenant?

Before you can evict your tenant (called taking possession or simply repossession) then you must have a reason and you must service an Eviction Notice before you can take any steps. We can help you ensure the form of notice used is correct and that it is completed correctly – if you get it wrong you could waste your time as the Court could refuse you possession.

There are two types of eviction Notices:

Section 8 Notice

A section 8 notice is used where tenants have breached the Tenancy Agreement (usually an Assured Shorthold Tenancy). Section 8 Notices are used where the initial term of the tenancy has not ended. Section 8 allows for a number of reasons to evict a tenant, but more typically include:

• rent arrears – needs to be more than 2 months rent in arrears
• breach of tenancy
• property deterioration due to tenant behaviour
• tenants causing a nuisance

There are a number of grounds – some are called mandatory grounds and some are discretionary grounds. We’re experts in ensuring that your Section 8 Notice is correct prior to repossession. 

Section 21 Notice

A Section 21 Notice is used at the end of the initial fixed term of an assured shorthold tenancy or in a periodic tenancy. It is crucially important that prior to serving a Section 21 Notice that certain pre-tenancy matters have been complied with including:

• protection of deposit
• service of gas safety certificate
• provision of “how to rent” guide
• giving the property Energy Performance Certificate.

It’s also important to get the right dates on the Section 21 Notice, and many people including Letting Agents get this wrong.

A section 21 notice gives the Tenant 2 months notice to quit and vacant the premises, and if they haven’t then you can issue a possession claim online.

Section 21 Notices are soon to be abolished, but get in touch and we can update you on the latest position.

Issuing a Possession Claim – Standard or Accelerated Possession.

As specialist possession claim solicitors, we act for Landlords in Leicestershire and throughout the UK to issue possession proceedings. These are typically done online via Possession Claims Online, but can be done “on paper” in certain circumstances.

There are two types; standard possession claim and accelerated possession claim. The main difference, as it relates to Landlords, is whether you want to claim for rent arrears or not.

My advice is generally to use the accelerated possession route – it is usually dealt with and approved by the Court on paper without a hearing – but it means the Landlord cannot claim for the rent arrears. However, there is nothing stopping a separate claim for rent arrears being made after getting the eviction order.

Get in touch with and me or one of my colleagues will give you advice as to which route is best for you.

Why use me as your Repossession Claim Lawyer?

Steven Mather is a very experienced tenant eviction solicitor. I have dealt with a significant number of possession claims, in Leicester County Court, Nuneaton County Court and other Courts across the UK. Although I don’t do this work personally now, my team of colleagues at Nexa Law have similar if not greater experience than me, and I’m really confident in their abilities. 

Your appointed solicitor can help you from start to finish. The general steps to evict a tenant are as follows:

• Service of the relevant notice – section 8 or section 21
• Advice on any legal issues which might make possession more difficult
• Confirming proof of service
• Issuing possession claim online – standard or accelerated
• Instructing bailiffs to evict and replace locks etc
• Pursue rent arrears and seek CCJ or Bankruptcy

How much does it cost to evict a tenant?

The team will provide you with fixed fees for each stage. We will first review the tenancy documentation, advise and draft the relevant notice documents. If we’re required to proceed to Court proceedings, then we will let you know how much that will be in advance. 

Next Steps

If you’re unsure about the question of fees, or any aspect of evicting a tenant from your property then do give us a call. 

Just fill in the form on the side of this page, or give us a call to discuss further.