What happens after the Section 8 notice has been served?

All Section 8 forms must clearly state the date on which the notice expires. This is the date that the tenant has to have paid their rent arrears by, or have vacated the property by, and in nearly 80% of cases the tenant leaves or pays before this date is reached. If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form.

Grounds 2 and 8 are always granted, but the circumstances surrounding the other grounds are carefully considered by the court before a decision is made. If a possession order is granted it normally takes effect within 14 days, but in cases of true hardship on the part of the tenant this can sometimes be extended to six weeks.

On occasions, tenants may refuse to leave on the date specified. In these situations, you will need to apply for a possession order. This can take place online if the tenant in question has not paid the rent. However, in other situations you will be required to fill in a paper form and return it. There is a cost for these services.

Once the possession order has been sent to the tenants, if they are still in the rental property after the date on the possession order the landlord may ask for a ‘warrant for possession’ from the court. An eviction notice will be sent to the tenants giving the date for vacating the property. If this is not effective, the landlord will have to request a warrant for possession so that arrangements for a bailiff can be made to evict them.

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