You should only use this action if a notice has already been served, NOT by Landlord Action. We separate Step 2 into two parts. The first part is for checking. This is because Courts throw out cases for even the smallest errors. You want to avoid wasting time and money at court.
A note about fixed fees.
Most cases are standard. That’s why fixed fees work well. However we do see notices drafted by landlords themselves that seriously risk wasting their court fees and losing a whole lot of time.
If there is a problem with the notice or paperwork, we advise on what to do, or we’ll offer to fix the issue for a fee. We won’t let a landlord waste money and a whole lot of time, going to court.
In the Section-8 process where there is no defence or adjournment, the Landlord Action Standard Fixed Fee works well. Many tenants do not even attend the hearing, but it is impossible to predict what the tenant will do and say. We prepare well by asking the landlord for many details and we prepare to win. If a case goes beyond one hearing it falls outside our Standard Fixed Fees.
In the Section-21 process, where there’s been a change of landlord, an oral tenancy or a lost tenancy agreement, then there will be a hearing. If the tenant files a defence, or the Judge is unsure on any part of the claim, documents, or has questions then the Judge will most likely set down a hearing for parties to attend and give evidence. We prepare well to avoid these hearings and most cases are standard, but when there is a Section-21 hearing, the court fees and legal fees fall outside our Standard Fixed Fees.
Landlord Action, founded by landlords, was the first fixed-fee eviction service in the UK. All our lawyers are in-house. This keeps fees as low while we benefit from the dedicated attention of housing law specialists.
Serving a notice is actually the most important part of the possession process. You can’t do anything until it’s served.
It isn’t complicated but one tiny error can cause dreadful problems.
That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.
1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.
2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.
3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.
We will always advise you after looking at your case. In many cases we will serve both Section 8 and Section 21 notices at Step1 (no extra cost) and then act with the one that’s going to work best as circumstances change later. Here are some key factors we would look at:
If the tenant has done nothing wrong, you can only use Section 21. Section 8 is not an option.
If the tenant is persistently late with rent or owes more than two months rent, or has breached the tenancy in another way, you can use Section 8. Sometimes even if the tenant has breached the tenancy, you might still be better off using Section 21, because possession is mandatory and it’s very difficult for the tenant to cause any delay in proceedings.
If the tenancy agreement still has several months to run, but you want possession now, you would use Section 8 as long as the tenant has breached the agreement.