Forbes Landlord Assist

In England and Wales, if you wish to evict your tenants then you will need to either serve a Section 21 notice or a Section 8 notice. It is possible to serve both notices at the same time and court proceedings can be issued on one, or both.

Not having your rent paid can lead to all sorts of issues, whether you are a private landlord or a corporate landlord. While it may seem difficult to claim for rent arrears, there are several legal options open to you. We recommend that if a payment is late for the first time, then give your tenant the benefit of the doubt. If after a few days, the payment has not been made and you have not heard from the tenants, then make a polite enquiry. If your enquiry does not result in rent payment, then we would recommend:

Sending a late rent notice - we would always recommend trying to come to an agreement with your tenant. For example, you could agree on a repayment plan. If sending the first late rent notice did not resolve the matter, then send another letter a week after the first and then if needed another after a week. In your last letter, you should state that if the outstanding rent is not paid, then you may take legal action such as gaining possession of the property.

Apply to the court for possession of your property - this can only be done after the tenant is two months in arrears. Depending on the circumstances, you can use Section 8 or Section 21 notices - or both. Our expert landlord and tenant solicitors can advise you on the best course of action.

If you need expert advice on pursuing rent arrears or evicting tenants, then contact us on 0800 689 0831. We work closely with our debt recovery team at Forbes Collect to ensure we recover your outstanding rent quickly.

We operate a fixed fee service for un-defended and non-disputed claims. If your claim is defended then we offer a competitive hourly rate.

Once you have served the correct notice, if your tenant continues to refuse to vacate the property, then the next step will be issuing court proceedings to seek an order for possession.

No. It is a criminal offence to unlawfully evict a tenant without a court order obtained thought court proceedings for possession. If a landlord unlawfully evicts a tenant, the landlord could be liable for a prison sentence, a fine and the tenant being reinstated to the premises.

There is not set or guaranteed timeframe. How long the process takes varies depending on which procedure is being used, whether the claim is defended, the court's own resources and availability, and whether or not the tenant leaves the property when they are ordered to by a court.

s. 21 notices must be a minim of 2 months long whereas s.8 notices based on rent arrears are a minimum of 2 weeks.

We estimate that for undefended court proceedings, a s.21 claim would result in a court order approximately 6 to 8 weeks from the date of issue of the claim. A s.8 claim typically results in a court order approximately 10 to 12 weeks from the date of issue of the claim, mainly because this process involves a court hearing.

Beyond this, if the tenant fails to vacate in accordance with the court order, and a court bailiff needs to be appointed, the process of actually obtaining possession will take longer.

If the claim is not defended, then it is unlikely you will have to attend court as we will represent you. However, if the claim is defended, then the landlord may need to attend. We will advise you at each step of the way so that you know where to be and what will be expected of you at a hearing.

No. We handle possession claims relating to properties located throughout England and Wales.

A landlord solicitor can help you with tenancy agreements by ensuring that the agreement complies with UK law, includes all necessary terms and conditions, and protects your rights as a landlord. They can also advise you on any potential legal issues that may arise during the tenancy and help you resolve disputes with tenants.

Yes, a landlord solicitor can assist with rent arrears recovery. They can provide legal advice and guidance on the appropriate steps to take, such as issuing a notice seeking possession or pursuing court action. They can also negotiate with tenants on behalf of the landlord to reach a settlement or payment plan.

If a tenant is breaching the terms of the tenancy agreement, the landlord should first try to resolve the issue through communication with the tenant. If this does not work, the landlord can serve a written notice to the tenant, giving them a reasonable amount of time to rectify the breach. If the breach is not rectified, the landlord can apply to the court for possession of the property. It is important to follow the correct legal procedures to avoid any potential legal issues.