Frequently Asked Questions

Yes. If your tenant has fallen into rent arrears, you may be able to serve a Section 8 notice based on rent arrears grounds. Depending on the amount owed and the circumstances, you may also be able to claim a County Court Judgment (CCJ) for the outstanding rent.

Every case is different. Factors such as the type of notice served, whether the tenant defends the claim, and current court waiting times can all affect the timescale. As a rough estimate, once the relevant notice has expired we would expect the Court to order the tenant to vacate the property in around 2 to 3 months from issuing the Court proceedings, and for the bailiff to attend (if required) around 6 weeks thereafter.

CJK Legal specialises exclusively in landlord and tenant disputes and offers fixed-fee eviction services throughout England and Wales. Whether you need help serving notice, obtaining a possession order or instructing bailiffs, our experienced solicitors can guide you through every stage of the eviction process.

Yes.

In the instance of rent arrears and our using the section 8 process landlords can seek both possession of the property and recovery of rent arrears through the court process.

That will depend upon the terms of the tenancy agreement.  If the tenancy agreement states that legal costs are payable by the tenant, then yes.  If it is silent on the issue then the Court will award fixed costs (so the court fee and a set amount for solicitors fees).

The legal process depends on your circumstances and the reason for seeking possession. In most cases, landlords must first serve the correct legal notice before applying to court if the tenant does not leave voluntarily. Attempting to remove a tenant without following the correct legal procedure can amount to an illegal eviction.

No.

Changing locks, removing belongings, disconnecting utilities or attempting to force a tenant out without a court order can amount to an illegal eviction and may expose landlords to civil claims or criminal penalties.

Persistent anti-social behaviour may provide grounds for eviction under the Housing Act. Evidence such as complaints, police reports or witness statements can strengthen your case.

A tenant does not need to respond for the eviction process to continue. Provided the correct legal notices have been served properly, the matter can proceed through the court system if necessary.

Possibly, but it depends on whether there is a breach of the tenancy agreement by the tenant.

No, but many landlords choose to instruct a solicitor because eviction law is highly procedural. Small mistakes in notices, dates or paperwork can result in delays, additional court fees and failed possession claims.

Yes.

Many landlords seek specialist advice after an earlier eviction attempt has failed due to incorrect notices or procedural errors. Our specialist solicitors can review the file and advise on the quickest way forward.

Possibly.

The legal position depends on the type of tenancy, the documentation available and the circumstances surrounding the purchase. Specialist advice should be obtained before serving notice.

Abandonment is not always straightforward. Before retaking possession, landlords should ensure the property has genuinely been abandoned and follow the appropriate legal process to avoid allegations of unlawful eviction.

Yes, as long as we can provide sufficient information about the property, the tenant and the tenancy terms that have been agreed.

Yes.  That counts as a discretionary ground for possession of the property, and so the Court will decide whether the extent of damage is sufficient to warrant an eviction order being made.

This would be classed as a breach of the tenancy agreement if there is a term in the agreement requiring access for inspections, and so would be classed as a discretionary ground for possession.

The overall cost depends on whether the tenant leaves after notice or whether court proceedings and enforcement become necessary. It will also depend upon whether we are able to follow the mandatory grounds to eviction, or discretionary.  Choosing a solicitor offering fixed fees provides greater certainty and helps landlords budget for the process.

A fixed-fee service typically covers the legal stages of the eviction process, including:

• Reviewing your case
• Preparing and serving the correct notice
• Issuing court proceedings where required
• Representing your interests through the possession process
• Advising on enforcement if bailiffs become necessary

No. The eviction process is divided into separate stages, and you only pay for the stage of work you require.

Yes. We are happy to discuss your circumstances and explain the options available to you before you decide to instruct us.

Court proceedings can be unpredictable. Most initial hearings are only listed for 10 minutes. If the Court is running behind time, or the Judge feels more time is required to consider the matter more fully, the proceedings may be adjourned to a later date, with a longer hearing time. This leads to further costs being incurred.

This depends on the type of tenancy and the route being used. Usually we need copies of:

• The tenancy agreement
• Rent statement
• Deposit protection information
• Police reports if there has been Police involvement

If the notice expires and the tenant remains in the property, you will need to apply to the County Court for a possession order. If the tenant still refuses to leave after the court order, enforcement by County Court Bailiffs or another authorised enforcement process may be required.

Whilst property damage may be a breach of the tenancy agreement and could justify possession proceedings landlords must still follow the correct legal process rather than removing the tenant immediately.  If a landlord was to do this they could be charged with the criminal offence of unlawful eviction.

Serving an incorrect notice can delay the eviction process by several months and may require the process to start again.

3 months.  However, if the rent is due on the 1st of the month and rent is not paid on 1 April, 1 May and 1 June then 3 months arrears have arisen as at 2 June even though the full 3 month period has not passed.

If your tenant has not left the property by the expiry date of the notice you have served, you may need to make a possession claim through the County Court. The correct process will depend on the type of notice served and the circumstances of the tenancy.

The time required to evict a tenant can vary depending on the circumstances of the case, the court dealing with the claim and whether the tenant defends the proceedings.

There is no single timescale that applies to every case.

Yes. A tenant may respond to or defend a possession claim. If the claim is defended, this can affect how the case progresses and may mean that a court hearing is required. The circumstances and evidence will then be considered by the judge.

If the tenant remains in the property after the date specified in the possession order, you may need to apply for a Warrant of Possession. This allows a County Court Bailiff to enforce the possession order and recover possession of the property.

The timescale can vary depending on the court and its current workload. Once a Warrant of Possession has been issued, the court will arrange an eviction date and notify the relevant parties.

Yes, landlords can generally attend the property when the County Court Bailiff carries out the eviction. However, landlords should not attempt to remove the tenant themselves or interfere with the bailiff’s duties.

If the tenant is not present when the County Court Bailiff attends, the bailiff can still take steps to enforce the possession order and return possession of the property to the landlord, subject to the circumstances of the eviction.

No. A possession order alone does not authorise a landlord to physically remove a tenant. Where enforcement is required, the appropriate warrant must be obtained so that the County Court Bailiff can lawfully carry out the eviction.