Frequently Asked Questions

Only court appointed bailiffs may carry out a legal eviction. Due process must be followed (Section 21 notice/ Court Application/ Possession Order/ Bailiffs Warrant).

Failure to comply with this process may result in an unlimited fine or upto 2 years in prison.

The landlord may also be liable to pay substantial compensation if the process is not followed.

It is vital that landlords know what to do when they need to evict a tenant so that they are on the right side of the law. Failure to follow procedure properly could land you with a hefty fine, or even worse, time in prison.

The advice contained in these pages will give you the information you need to help you successfully, and legally, evict a tenant and regain possession of your premises. Please note that this advice applies only to tenants living in England & Wales and who have an assured or an assured shorthold tenancy agreement.

What do I need to do?

There are many different grounds you can use to evict a tenant from your property, but the two most commonly used grounds are rent arrears and the accelerated possession procedure.

What is the accelerated procedure?

The accelerated possession procedure can be used by a landlord at the end of the fixed term of the tenancy (which may be ended early if a break clause has been used) or at any time during a periodic tenancy, provided that the tenants have occupied the property for at least six months since the start of the first tenancy agreement.

The procedure involves serving a notice under section 21 of the Housing Act (a section 21 notice), which will stipulate a certain amount of time within which the tenants must vacate the property. If the tenants fail to move out after you have served this notice, you will have to apply to the court for an order to evict the tenants.

What is the difference between a fixed term and a periodic tenancy?

A fixed term tenancy is created for a specified length of time, for example, 12 months. If the tenants remain in the property after the fixed term has ended, but do not enter into a new fixed term agreement, then their tenancy will automatically become periodic.

A periodic tenancy rolls on a specific period, such as month to month or quarter to quarter. This arrangement may have been specified at the start of the tenancy or may have naturally arisen by the expiry of a fixed term tenancy.

What is the procedure for rent arrears?

If your tenants are in arrears of rent, but you are able to use the accelerated possession procedure, then we generally recommend that you use this procedure, rather than using the ground of rent arrears. This way, you are able to get the tenants out as quick as possible and get new tenants in who will start paying rent.

However, please note that when you use the accelerated possession procedure, the court will not order the tenants to pay any rent arrears to you. You must instead apply to the county court for a court order requiring them to pay the outstanding rent to you.

Read more about using the Section 8 accelerated possession procedure on the desktop lawyer website.

Do not attempt to evict the tenant yourself. Doing so is a criminal offence and you could be fined and/or sent to prison and ordered to pay for rehousing your tenant. You must apply through the courts for them to do this on your behalf.

The necessay legal forms and advice on completing them are available from Her Majasty's court service website.

The Act itself does not place restrictions on how the information supplied under it may be used.

But you should, of course, have regard to the laws of the land. It must not be used for any illegal purposes and you should not use it in a way which could leave you open to prosecution or other forms of litigation.

In particular, it should be noted that the Freedom Of Information Act 2000 does not transfer copyright in any information supplied under it.

Barcoded invoices can be paid at any Post Office or PayPoint outlet just like barcoded bills. Some invoices may also offer payment by bank giro credit slip as well. But if the bank giro credit is completed the Post Office may make a charge (currently £2.40), so to avoid being charged please DO NOT complete the giro slip, and ask to pay by barcode.

Yes - An agreement with the shopping centre owners and us allows for a number of free car parking spaces on the Market Hall Car Park.

You may ask for the information to be supplied to you in any format.

But we may take into account the cost of supplying the information in your preferred format.

In any case, you may ask for information in summary form, or for permission to inspect the records containing the information you require.

Many council bills and invoices can now be paid by Direct Debit. If you have a bank or building society current account this is often the easiest way to pay. Some services may also offer payment by Standing Order as an alternative.

For details of which bills can be paid by Direct Debit and to how to set one up please see our Direct Debit page.

When you report your repair we aim to offer an appointment for all urgent and routine repairs at a convenient time.

As well as explaining what day we will call, we will also confirm a morning or afternoon appointment.

For planned repairs which generally require an inspection, we aim to offer you an appointment before the work is done. Also at the time of inspection we'll arrange a further appointment for the work to be completed.

But not all repairs will need an appointment (work to the outside of your home, for example).

For emergency repairs you will need to guarantee access to your property for the following 24 hours.

You will not be given a set appointment but will be able to negotiate a time when you will be at home to make sure the emergency work can be done.

You will receive written confirmation of your appointment, and of the repair.

The contractor can generally only do the work that has been ordered.

But if you have other repairs that are outstanding you should ask the contractor and depending on the nature of the job, they will try to complete that work wherever possible,

Please be aware that contractors also have other appointments with tenants that they must keep and do not always have the necessary equipment and materials to do other work.

For safety reasons some work can only be carried out by certain contractors, such as gas repairs that can only be done by Gas Safe registered plumbers.

No. You can only insure your own contents on your landlord insurance policy. Your tenants must take out their own insurance should they wish to protect their contents.

The reason for this goes back to one of the principal rules of insurance, which is that the entity that is being insured must be owned or directly effect the person who is taking out the insurance contract.

If this rule is not strictly adhered to, the insurance contract can develop a moral hazard and end up more like speculation/gambling.

Providing the information you have requested is not covered by one the exemptions under the Act, we will provide it to you.

If we are unable to release the information for some reason, we will contact you to advise you of this as soon as possible. If this is the case we will also provide you with a full explanation of why you cannot access the data.

Read about exemptions from freedom of information requests.

Read about exemptions from data protection requests.

Unfortunately not. All payments need the barcode to ensure your payment gets to your account and outlets will be unable to process your payment without it.

Yes. The Street Trading legislation and the Licensing Act 2003 are independent pieces of law. As an example if you want to sell burgers in Coalville town centre after 11pm you will need a Street Trading consent and a Premises Licence authorising you to sell late night refreshment.

Most mortgagees insist as a term of the mortgage that you inform them of your intention to let the property.

It is quite likely that they will agree to this if your lender is one that accepts 'buy-to-let' mortgages, it may well be on different terms and at a different interest rate than your current deal and they may charge an arrangement fee.

It is recommended that you take advice from your mortgage provider or your independent financial advisor.

No. You are fully protected by the guarantee which states that we must advise you in advance of changes to the amounts and the due dates.

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