Eviction process - Time Frames

A solicitor cannot speed up the legal process for evicting a tenant and anybody who claims they provide 'a quick eviction' are simply trying to part you from money. If tenants will not leave voluntarily, it will take you at least 3-5 months to regain possession of your property.

The factors that have a bearing on the recovery process timeframes are

You can only apply to the courts once a valid Section 21 or Section 8 Notice has expired
You send your notice and possession claim form to the court local to where the property is.
If in doubt use our Eviction Guides & Wizards or Landlords' Help line.
Section 21 should be a postal process - so avoid a court hearing being required.
Section 8 - requires a court hearing - be prepared so you avoid an adjournment.
Bailiffs Timeframes - 3 - 8 weeks depends on how busy your local court is.
Delaying Tactics - The tenants or their representative [including the council] desire/knowledge to use delaying tactics - we review below classic defences/lies used to delay eviction.

Only after the Section 8 Notice expires can you apply to court

Only after Section 21 Notice expires can you apply to court

If a case of rent arrears If your Tenancy Agreement states rent payable monthly in advance. The earliest you can issue a Section 8 for arrears is when rent is one month and seven days overdue. If non rent arrears add minimum 4 weeks.

When is the Notice issued	Approx Weeks
Issued a valid Notice previously. Same breach so apply or special grounds	Apply today
New Section 8 arrears issued Section 8 non rent arrears	2 weeks 1day/8weeks

You are typically eligible to apply for court hearing in

Minimum 0 weeks and Maximum 8 weeks

Your tenancy agreement must be an AST. Serve the notice as soon as possible but ideally no less than two months and one week before the end of the fixed term or last day of a rental period.[not always] check with Section 21 Notice wizard

When is the Notice issued	Approx Weeks
Notice already expired	Apply instantly
In last two Months AST	9 weeks
Issue notice whilst in the periodic tenancy	9 - 13 weeks until expiry of the notice

You are eligible to apply for possession in

Minimum 0 weeks and Maximum 13 weeks

Dates, appeals, defences & Tips

Section 8 Court Process

Dates, appeals, defences & Tips

Section 21 Court Process

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