If the tenant will not leave of their own accord one must apply to the courts for a possession order having previously served a valid Section 21 or Section 8 Notice
Should the tenant leave at any time without formal surrender then see abandonment
A Section 21 Notice and Section 8 Notice may both be served on the tenant - But only one legal possession process may be used exclusively at any given time. The Landlord cannot apply for both possession process simultaneously
See breaches and no renewal letter
Ending a Tenancy Made Simple
Will the tenant leave voluntarily?
Provide the tenant the check out process
Do they leave?
Have you previously issued a Section 21 Notice?
Issue a Section 21 Notice. The tenants can stay unless you do so.
Has the notice expired?
Does the tenant owe over two months rent?
No see other Breaches or solutions or revert to Section 21 route.
Complete Checkout and return deposit. Arrange new tenant viewings.
Once the 21 Notice has expired you apply for possession order by post
Have you issued a Section 8 notice?
You must issue a Section 8 Notice
If a court hearing requested read this
Only after the expiry of the Section 8 can you apply for possession
Remedy breach or prepare for and attend court hearing before you can proceed further
Possession Order Granted?
Landlord and tenant notified by the court the date the tenant must vacate. Tenants can appeal
Prepare for Court Hearing. There will always be a Court Hearing where the Section 8 Notice has been relied upon - Prepare case and evidence for hearing
YES landlord has possession
Conclude exit return of deposit and recover any monies due. Inform suppliers prepare for next rental etc.
Tenant leaves on or before said date?
Only now can you apply for a Bailiff
The tenants will leave for Bailiffs will remove them
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.