Residential Tenant Eviction. Section-8. The court result and what happens next
The court result and what happens next.
1. In court, when the Judge grants the Possession Order, the landlord’s advocate can request that, for the rent arrears, a Money Order (also known as a Money Judgment) is granted.
2. When the order for the rent arrears is granted a landlord may also make a claim for interest and costs plus the release of the deposit (provided the tenancy agreement contains the relevant clauses that the landlord can rely upon).
3. When the court grants a Possession Order, the tenant is given a date they must leave by.
4. If the tenant does not vacate by the possession date, the landlord can apply for a Court Bailiff to carry out the eviction.
Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.
Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.
If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.
There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!
If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.
We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.
If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.
Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.
If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.
If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.