If you want to get your property back from your tenant you need to know that new property possession forms for eviction notices came into force on 1st October. Eviction notice periods are returning back to their pre-pandemic levels. New versions of Section 8 and Section 21 notices must now be used for the relevant grounds for possession. In case you thought this has just happened, it is the 5th change in the possession Regulations since March 2020! It is rather difficult to keep abreast of the changes if you are not getting updates like this.
There are several things that you have to understand about the process. Forms and grounds that you can use to gain the possession of your property are as follows:
What notice do you need to give?
It really depends on the situation, but there are two ways to go about this using the appropriate possession forms for eviction notices
- Section 21 – two months served after the first 4 months – this is called a mandatory notice.
- Section 8 – two weeks on rent arrears grounds (i.e. grounds 8, 10 and 11), This can be used in the case of rent arrears and will be down to the courts to decide.
If you served a section 21 notice before 1st October, the notice period will remain at 4 months.
If this is all gobbledegook – that’s what you pay us to sort out for you!
However, if you’re having difficulty deciding what you need to do to gain possession of your property, just give me a call on 01480 494939.
Update on the courts
This will be of interest if you are presently waiting for possession of your property.
Landlord Action (the only company we recommend for serious possession claims) have advised they’re seeing lengthy delays in county court hearings. Last year review hearings were introduced to prioritise the most urgent cases. This was matched with a mediation process, which was aimed at keeping cases away from the courts. It was hoped that the back log would be dealt with in a more timely fashion. This doesn’t seem to be the case. Also, it seems that it is very difficult to evict a tenant without going to court.
The main outcome is that some landlords are unable to get possession of their property even through the tenant is not paying rent. Whilst this will sort with time, it is clearly awful for those affected.
How we mediated
At the start of the pandemic (March 2020), the team at Maxine Lester’s worked hard to mediate between landlords and tenants over any rent difficulties. Whether that be due to furlough or redundancy. I believe this helped our customers get over this tricky period and can still say that 97% of our landlords are paid on time.
That said, I am confident I will be providing further updates in future! Given these constant changes we believe every landlord should have decent legal expenses and rent protection cover in place. Your property insurance may cover this, or you could opt for our policy.
If you’re a landlord struggling to keep up with the ever-changing landscape of lettings legislation, take a look at the landlords’ section on our website. We provide a variety of management packages to meet your needs. We can help remove the headache of legislation by taking care of managing your property.