Tenant Eviction FAQs

Do I need a Court Order to evict my tenant?
If the tenant is in a residential property, you will need a Court Order to evict them unless they leave voluntarily.

What will happen if I try to evict my tenant without a Court Order?
Your tenant could make a claim for damages against you for unlawful tenant eviction - it is also a criminal offence.

If I instruct Harvey Ingram who will deal with the work and how experienced are they?
We have a team of full time tenant eviction solicitors who deal with evicting non-paying tenants.   Please be aware that not all companies who offer this service are run directly by solicitors. If you do not deal with a solicitor directly, the company who you use will have to refer your case to a firm of solicitors, and the service you receive may suffer as a result.

What grounds do I need to evict my tenant?
We can use Ground 8 of the Housing Act, which is a mandatory ground for possession if the tenant has not paid at least 2 months rent and the tenancy paperwork is in order.

If your tenant is in breach of any other terms of the Tenancy Agreement such as nuisance or breach of repairing obligation, then you may still be able to evict your tenant and obtain a Possession Order.

However, the Court has discretion as to whether to make an Order.  These proceedings fall outside of the fixed fees contained on this website – please contact us for further information on 0116 257 6163. 

How do I evict my tenant?
The most common reason to evict tenants is either that they are behind with rent payments or you are not happy with the tenant.

If your tenant is over 2 months in arrears of rent we can serve an eviction notice (Stage 1 Section 8 Notice) on your behalf giving the tenant 2 weeks notice to leave the property.

If your tenant does not leave the property or pay the outstanding rent arrears after the Section 8 Notice expires, we can commence court possession proceedings under Stage 2. Following the Court making a Possession Order, we can instruct the Bailiff to evict your tenant under Stage 3. Under this procedure we can also obtain a County Court Judgment in respect of the arrears

If the tenant is not 2 months in arrears but you still wish to evict them, we can serve a Section 21 Notice on your behalf giving 2 months’ notice to leave at the end of the tenancy.  If that does not work, we can issue accelerated possession proceedings up your behalf.  If the tenant still fails to leave, we will instruct the Bailiff to evict your tenant.

Please note that we are not able to obtain a default Judgment under the Section 21 Notice/Accelerated Possession Procedure. 

What are the costs of an eviction notice?
Section 8 or Section 21 Notice - £65
Both £100 plus VAT

Will my tenant leave after they recieve the eviction notice or pay the arrears?
Approximately 50% of tenants leave after they recieve the eviction notice or make an offer in to settle the outstanding rent arrears. If they do not, you will need to issue Court proceedings to evict them - Stage 2.

How do I make payment for your charges?
We accept online payment by debit or credit card.  However please note that we require cleared funds in order to issue Court proceedings.

What happens if my tenant does not leave after Stage 1?
You will need to proceed to Stage 2 as soon as possible to avoid the tenant falling further behind with rent. We will then issue possession proceedings on your behalf.

What do your charges include?
Our charges include all Court fees, VAT and representation at the Court hearing.  However, this is only up to the first hearing.  Subsequent hearings or upon a Defence being filed are out of the fixed price.  If this is the case and a Defence needs to be filed, we will send a copy to you, provide initial advice and an estimate of our charges. 

Do I need to attend Court?
No, we can prepare a Witness Statement for you to sign and return which will contain all the information the Court requires.  This will cost an additional £50 plus VAT.

What type of tenancy does this procedure apply to?
This procedure applies to Assured Shorthold Tenancy Agreements.  However, if you have a contractual tenancy/company tenancy or any other tenancy we can still help. Please contact call Jacqui Hedley on +44 (0)116 257 4423 or Claire Purnell on +44 (0)116 257 6159.

How long will the whole process take?
Please note these are only approximate and are dependant upon Court availability:

Section 8 Procedure

Section 21 Procedure

Will I be able to recover the tenant's outstanding rent arrears?
We will obtain a Judgment under the Section 8 procedure so you can recover the unpaid arrears, and is enforceable for up to 6 years.  If the tenant has assets or is working, we may be able to recover the arrears on your behalf.  Please contact call Jacqui Hedley on +44 (0)116 257 4423 or Claire Purnell on +44 (0)116 257 6159.

Can you help if we live outside UK?
Yes, we can still help, as long as you can provide a copy of your passport.

Will I be able to recover my property if I haven't put the deposit in a prescribed scheme?
The Court will not award a Possession Order under the accelerated possession procedure/Section 21 notice unless you produce proof the deposit is in the prescribed scheme, and have provided the prescribed information to the tenant. 

Any Section 21 Notice served prior to the rent deposit being placed in a prescribed scheme will be invalid.  We do not need to produce evidence to the Court under the Section 8 procedure regarding the deposit.  However, if the deposit is not in a prescribed form your tenant could either defend any possession proceedings or issue a claim out of the County Court against you, when the Court could Order you to pay three times the rent deposit by way of compensation.