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Tag Archives: possession claims

Five tips on eviction and bringing your own possession claims

Using PCOLEveryone is strapped for cash nowadays. So if your tenant is failing to pay rent, a bill from your solicitors for eviction work is the last thing you want.

But why not do it yourself? Here are five tips for you:

1. Make sure you are using the right possession procedure for your tenancy type.

For example, if you are a resident landlord, you can’t use section 21 / the accelerated procedure. However you CAN bring a claim based on a Notice to Quit.

2. Make sure you have served the correct possession notice

Once you know what type of procedure you should use, you will know what notice you need to serve.

In most cases this will be a section 21 notice. However for tenants in arrears of rent you will often also want to serve a section 8 notice based on rent arrears.

3. Make sure you can prove service of your notice

Not much point in serving a notice if you can’t prove you served it when your tenant says you didn’t! And often not being able to prove service of your notice will be fatal to your case. So you need to take care.

My preferred method is service by hand with an independent witness.

4. Unless you are using the PCOL service, make sure you issue at the correct court

If you don’t they will just send it back! Which will delay things – particularly if the court use second class post.

They do refund your court fee though so you won’t have to pay twice.

5. If at all possible use the accelerated procedure

There are difficulties with this procedure but if you get it right – there is NO defence available.

Unlike rent arrears claims, which tenants can derail by making claims that they have paid the rent, or that you own them compensation for disrepair.

If you are seriously thinking about bringing your own eviction proceedings

Take a look at my do it yourself eviction kit. It covers both the accelerated and standard procedure claims – including claims for common law / unregulated tenancies.

You can read all about it >> here.

** Stop Press : To get my free report on how to evict your tenant for £271 or less click here**

Evicting tenants under section 21

serving the section 21 notice

Section 21 is generally the best procedure for evicting tenants. I look at why and the potential problems with rent arrears claimsContinue Reading

What can I do now my tenant has stopped paying rent?

non paying tenant

A tenant gave notice to vacate but is now remaining in the property and failing to pay rent. What can the landlord do?Continue Reading

Moving out after service of a section 21 notice

houses

A tenant has been told to stay in a property after service of a s21 notice until the landlord has got a possession order.Continue Reading

What can we do to evict this terrible tenant?

Terrible tenant

Here is a question to the blog clinic from Mary (not her real name): I have a tenant who has never paid any rent (apart from a small intial payment). I have tried to evict her for non-payment of rent, however, she has launched a counterclaim against up making up all sorts of allegations againstContinue Reading

A landlords tale of woe

If you want to know the sort of problems that landlords can get themselves into, see this email I recieved from a Landlord Law Blog reader.  It has been edited to remove identifying names and places. Our estate agents arranged for council tenants to live in our property but it has taken around £15,000 ofContinue Reading

Judge error causing landlords delay and expense

Judge error

Some landlords are suffering delay and additional expense due to Judges incorrectly rejecting their claimsContinue Reading



The Landlord Law Blog from Tessa Shepperson

Tessa is an English lawyer specialising in residential landlord and tenant law.


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