Repossession is the last situation a landlord wants to consider, but if you find yourself in a position where you need to retrieve your property from tenants you need to know where you stand. But if you found yourself needing to take back control of your property, would you know how to proceed in court?
Find out how long does an eviction take
and more useful information on possession, an often tricky, costly and time-consuming process.
Possession is a tricky process to navigate and can be costly and time-consuming. So, it’s very important to explore other options before taking this route. Try to resolve the situation with informal talks with your tenant to see if the situation can be resolved amicably.
If that fails and you decide on the repossession route for assured shorthold tenancies (ASTs) in England and Wales, you have two options.
- You can use Section 8 where there has been a breach of tenancy,
- or Section 21, which requires two months’ notice, but can be used at any time after the fixed term.
How long does an eviction take & how much it costs
The time it takes to regain possession surprises many landlords, even under the Section 21 accelerated procedure which doesn’t require a court hearing.
On average, Section 21 takes 104 days to regain possession, and Section 8 takes 145 days.
Costs range from £3,525 for Section 21 and £5,730 for Section 8.
Under Section 8, you must indicate which grounds you are using to reclaim possession. Many grounds are discretionary, even if you prove the ground, the judge can choose whether to grant possession.
How many rent arrears before eviction
For Section 8 claims, rent arrears or late payments were by far the most common reasons, with over 90%. Ground 8 is a mandatory ground – two months or more arrears on the date of the court hearing. Therefore, there is a greater probability of repossession.
Regaining possession can be stressful, time-consuming and costly. Forms and paperwork can be confusing and not intuitive to fill in. This results in landlords also commonly make procedural or administrative mistakes. Unfortunately, these can delay the process or cause rejection. If you not served any notice or issued any court proceedings before, it’s best to seek advice before beginning the process to avoid any issues down the line.
It’s also important to note that in order to successfully serve a Section 21 in England you need to have issued the correct prescribed information (in some cases before the tenancy commences). Failing to do so could potentially render your Section 21 invalid, so it’s important to get everything right from the start to avoid issues later on. Evicting a tenant and recovering the rent