01923 884 050

Eviction Services

Eviction services

Property and tenant evictions

Notice of Intent

A Notice of Intent, also known as notice of intended proceedings, gives the tenants owing rent arrears or in breach of contract the opportunity to rectify the problem prior to legal notice being served.

The notice gives the tenants 14 days in which to clear any outstanding arrears and or rectify any breaches of contract. If they fail to act we can serve a legal notice upon them by First Class post.

£ 89.95 (inc VAT)

Removing a tenant
Section 21 Notice (Form 6A)

A Section 21 notice is served to a tenant when a landlord requires possession of his/her property. This gives tenants a minimum of two months (plus postage time) to vacate the property. If they fail to do so, the Helpland team can issue court proceedings for possession and costs.

In accordance with the deregulation act of 2015 it is compulsory for landlords to ensure the following documentation has been served to the tenants prior to serving Section 21 form 6A:

   The Energy Performance Certificate

   Tenancy Deposit Protection Certificate

   Prescribed information

   Gas safety certificate

   How To Rent Guide Booklet

It is imperative that the tenants are served with this documentation to ensure the validity of the notice. Once instructed and upon receipt of the required information we will check the documentation to ensure we can proceed. If everything is in order we will serve a notice by First Class post.

£ 109.95 (inc VAT)

Tenant in Arrears
Section 8 Notice

A Section 8 notice can be served when the tenant of a property is in arrears or in breach of contract. This notice allows the tenant/s 18 days (which includes the mandatory 14-day period, plus postage time) in which to rectify any breaches of contract and/or clear the arrears. Failure to resolve these issues means we can issue court proceedings for possession arrears and costs on behalf of the landlord.

There are 17 grounds upon which a Section 8 can be served, but the most common are related to rent arrears, and to serve a notice based on Ground 8 rent must have been unpaid for a minimum of two months. If tenants are less than two months in arrears, or are in breach of contract, there are other grounds upon which a notice can be served.

The Helpland team are experts in this legislation and we can help landlords to smoothly navigate through this complex area. All notices are served by First Class post.

£ 109.95 (inc Vat & Court fees)

Section 8 Court Proceedings

If the tenant fails to clear the arrears or resolve any breach of contract as per the Section 8 notice served we can look to issue court proceedings for possession of the property as well as seeking a monetary judgement against the tenant for the rent arrears, deposit release and legal costs.

Upon receipt of your instruction we will prepare all the required documentation and instruct our solicitors to issue proceedings and obtain a hearing date from the County Court.

You will receive notification of a hearing date within 14 working days, this date will normally be set 8-12 weeks in the future.

At the hearing we will instruct an advocate to represent you to obtain the order for possession, deposit release, arrears and costs.

Please note that all time frames are subject to to change depending on court workload and/or if the tenant files a defence to the court to dispute any claims.

£ 899.95 inc VAT, includes Court fees, solicitor fees and barrister fees

Section 21 Court Proceedings

If the tenant fails to vacate the property as per the Section 21 notice served, we can issue proceedings for possession and costs, whereby we seek to obtain a possession order. Once instructed we will look to prepare all the required documentation and instruct our solicitors to prepare the claim and send it to the court.

Within 14-20 working days the claim will be issued and the court will write to the tenant/s directly giving them 14 days to respond to the claim or file a defence. If the tenant does not respond to the claim we will send a request for possession to the court for an order to be made without a hearing.

If the tenant files a defence that satisfies the judge there is a reasonable dispute to the possession then he/she will make necessary directions and this may mean there must be a hearing. Once the order has been obtained the tenant will be instructed to vacate your property and pay costs within 14 days.

From start to finish this process can take anywhere between 8-12 weeks.

Please note that all time frames are subject to to change depending on court workload and/or if the tenant files a defence to the court to dispute any claims.

£ 899.95 inc VAT, includes Court fees and solicitor fees

County Court Bailiff

Once you are in receipt of a possession order if your tenants have failed to vacate the property we can instruct the County Court bailiffs to issue a warrant for possession for the purposes of eviction.

Once it has been confirmed that your tenants are still living in the property we will instruct our legal team to send the application to the County Court. Within 14-20 working days we will receive notification that the warrant has been issued and has been passed on to the bailiff clerk responsible for setting the eviction date.

An eviction date will be up to 16 weeks later and you will be advised of the appointment date and time so that you can attend the property with a locksmith. Please note that timeframes are always subject to change dependent on court workloads. Once the eviction has taken place you will have a vacant property to sell or re-let.

£260.95 (inc VAT)

High Court Sheriff

Once you are in receipt of a possession order and if your tenants are in at least £5,000 worth of arrears we can look to make an application to the county court requesting that your file is transferred to the high court to enable you to use the high court bailiffs.

The application will take 14-20 working days and providing you have obtained permission we will receive a high court writ enabling us to instruct the high court bailiffs who will set a date for eviction within 7-10 working days.

You will be notified of the date of eviction and advised to attend accompanied by a locksmith.

£1305.95 inc VAT, solicitor fees, application fees and Court fees

Commercial evictions

Commercial Rent Arrears and Lease Forfeiture

If you are looking to collect your outstanding rent and / or legally forfeit the lease and get your property back as quickly and as simply as possible, then contact our Helpland Commercial Property Team, who can help alleviate the pressure on you, and avoid elevated costs.

Most common reasons to repossess your property under forfeiture are:

   Failure to pay rent (otherwise known as rent arrears)

   Damage to your property

   Causing a nuisance or breaching any other aspects of the lease agreement

Commercial Rent Arrears Recovery

NO COURT ORDER is required and this allows the Enforcement Agent to ‘Take Control of Goods’ belonging to the Tenant for sale by way of auction. CRAR cannot be used on premises that have accommodation as part of the Lease.

Under the New Rules:

   The Landlord can no longer do this as an Individual.

   Only outstanding rent can be recovered not utilities, service charges or Insurance

   There must be a current written Lease

   Rent must be at least 7 days overdue

   7 days-notice of the intention to use CRAR must be ‘served’ on the Tenant (excluding Sundays and Bank Holidays)

*Terms and Conditions apply. The fixed price scenario relates to all costs up to and including the 1st court hearing. There are no additional charges if successful

Forfeiture of commercial lease

There is no need for a Court Order, but you must have a current lease containing a forfeiture clause in respect of any breach of the agreement.

Reasons to Forfeit the Lease:

   Failure to pay rent (otherwise known as rent arrears).

   Damage to your property.

   Causing a nuisance or breaching any other aspects of the lease agreement.

£ 833.33 inc VAT and Court fees

Non-Housing Act Tenancies

Notice to Quit

When the tenants of a rented property are a company this falls outside of the housing act and slightly different procedures apply.

Similar to a section 21, a Notice To Quit (NTQ) can be served to tenants of a residential property giving them a minimum of 28 days’ notice to vacate, if they fail to do so, we can look to issue proceedings for possession and costs.

It will depend on the terms of the contract as to whether or not the notice can be served. This means that if you are still in the fixed term of the tenancy, you will need a specific break clause in your agreement which allows you to serve notice to your tenants. If this is not the case then we will have to wait until the end of the fixed term before being serving a NTQ. All notices are served by First Class Post.

£ 109.95 (inc VAT)

Notice to Quit Court Proceedings

When the tenants of a rented property are a company this falls outside of the housing act and slightly different procedures apply.

If the tenant fails to vacate the property as per the Notice To Quit served we can look to issue court proceedings for possession of the property as well as seeking legal costs.

Upon receipt of your instruction we will prepare all the required documentation and instruct our solicitors to issue proceedings and obtain a hearing date from the County Court.

You will receive notification of a hearing date within 14 working days, this date will normally be set 8-12 weeks in the future.

At the hearing, we will instruct an advocate to represent you to obtain the order for possession, arrears and costs.

Once the possession order has been granted, the tenant will usually be given 14 days in which to vacate the property, failing which we can instruct bailiffs to evict them.

Please note that all time frames are subject to change depending on court workload and/or if the tenant files a defence to the court to dispute any claims.

£ 899.95 (inc VAT, Court, solicitor and barrister fees)

Letter of Forfeiture

When the tenants of a rented property are a company this falls outside of the housing act and slightly different procedures apply.

Similar to a Section 8 Notice, if tenants fall into arrears or are in any breach of contract we can look to serve them with legal notice giving them 18 days in which to rectify the breaches of contract and/or clear the arrears. If they fail to do so we can issue court proceedings for possession, arrears and costs.

A Letter of Forfeiture can be served at any time during your tenancy with your tenants. All letters are posted using First Class Post.

£ 109.95 (inc VAT)

Letter of Forfeiture Proceedings

When the tenants of a rented property are a company this falls outside of the housing act and slightly different procedures apply.

If the tenant fails to clear the arrears or resolve any breach of contract as per the Letter Of Forfeiture notice served, we can look to issue court proceedings for possession of the property. We can also seek a monetary judgement against the tenant for the rent arrears and legal costs.

Upon receipt of your instruction we will prepare all the required documentation and instruct our solicitors to issue proceedings and obtain a hearing date from the County Court.

You will receive notification of a hearing date within 14 working days, this date will normally be set 8-12 weeks in the future.

At the hearing we will instruct an advocate to represent you to obtain the order for possession, arrears and costs.

Once the possession order has been granted, the tenant will usually be given 14 days in which to vacate the property, failing which we can instruct bailiffs to evict them.

Please note that all time frames are subject to change depending on court workload and/or if the tenant files a defence to the court to dispute any claims.

£ 899.95 (inc VAT, Court, solicitor and barrister fees)

For more information, call our helpline on 01923 884 050

01923 884 050