Choice Rentals - Professional Letting Agents | Page 25

and then missthem again at a later date. Serving a Section 21Notice instead of a Section 8
should only beconsidered on theadviceof your solicitor in these circumstances.
For tenancies falling outside of the Housing Act, technically you can start proceedingsfor
breach of contract assoon as a rental payment ismissed. In practical terms, however, it is
often advisable to wait until the tenant misses two monthly payments.
* Not tenanciesto companies.

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Proceedingscan commence once thetenant is two months in arrears with Housing
Act tenancies.
In practical terms the same time frame is usually employed with non HousingAct
tenancies.

What happens if matters proceed to court?
Adate will be set for your claim to beheard in theCounty Court before a Judge. Your
Solicitors will advise you in more detail, but in simple terms if the Judge is happy with the
documentation supplied and agreeswith your claim, you will secure a Possession Order
and a Money Judgement. These documents enable you to take possession and
enforcement

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Court hearings are usually relatively simpleunlessthetenant sites reasons for not
paying rent.

What happens if the tenant refuses to move out and pay the money he owes?
The tenant will be given a set date, usually between 7 and 28 days after the hearing, to
vacate the property. If they fails to comply you can apply to the Court for a Bailiff to take
possession.
If your tenant fails to settle the Money Judgement, which given the circumstances
around possession proceedings is quite likely, we will approach your tenancy deposit
scheme

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If thetenant fails to give possession you can ask the court to appoint a Bailiff to take
possession.
You have up to six yearsto enforce a judgement for money owed to you.

How long can it take to get possession and how much does it cost?
Typically it can take in the region of five monthsand cost over £1,000to gain
possession.