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Getting Advice Early – Notices Seeking Possession

The first step to evicting a tenant is for the Landlord to serve a 'Notice Seeking Possession'. Whether your Landlord is a Council, Housing Association or Private individual a notice must be served as the first step to claiming for possession. It is a warning of possible court action to come and gives you the chance to stop that happening.

As a tenant you risk being evicted for breaches of your tenancy agreement. This includes Rent Arrears and Anti-Social Behaviour. If you have what is called an 'Assured Shorthold Tenancy' then you can also be evicted even if you have done nothing wrong. This is called the 'accelerated possession procedure' and starts with the service of a Section 21 notice.

With all notices, the Landlord must have complied with strict requirements if they will be successful in evicting you. By getting advice early, and before any court action begins, Swain & Co Solicitors will be able to advise you if the notice is valid or request additional information about your case from your Landlord. Some notices can expire immediately, but most give you between 2 weeks and 2 months’ notice before the case can go to court.

It is especially important to get advice early if you have received a Section 21 notice. Your Landlord must have complied with numerous legal requirements. If even one is missed or incorrect, we can stop court action ever starting and keep you in your home.

Many of those claiming welfare benefits or on a low income can take advantage of the Legal Help scheme. This means that, subject to eligibility criteria, you can get professional advice and assistance as soon as you have been served with a notice. In many cases we can stop court proceedings before they start or, in others, we can prepare for court with the best possible amount of time to request relevant evidence about your case.

Have you received a notice seeking possession? Section 21? Section 8? Anti-Social Behaviour allegations? You can call an adviser free and with no obligation on 0800 0351 999.

Our advisers will be able to assess your case and let you know quickly whether you are entitled to Legal Help, which is FREE to you. If you’re not eligible and decide not to instruct us, there's no fee for the first consultation. DO NOT DELAY and DO NOT IGNORE. A notice seeking possession is your warning to take action immediately. Get professional advice from an experienced Swain & Co housing adviser.

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