If your tenant has missedxqtwo full months of rent, we may need to begin the legal process known as a Section 8 eviction. This can be a stressful time—for you and your tenant — but it’s important to stay calm and professional.
Eviction is rarely simple — but you're not facing it alone.
If your tenant has missed two full months of rent, we may need to begin the legal process known as a Section 8 eviction. This can be a stressful time—for you as a landlord, and often for the tenant too—but it’s important to stay calm, professional, and focused.
This is a legal process, governed by strict rules. Timescales will vary depending on the courts, but we’ll guide you every step of the way. Our aim is always the same: to regain possession of your property, reduce any financial loss, and avoid long void periods.
We ask that you treat our team with the same respect and professionalism that we commit to providing. Remember, we’re in this together.
Phase 1: Pre-Court Action
This is the stage where we take the first formal steps toward eviction. Once the tenant has missed two full months of rent, we begin the Section 8 process. We’ll verify the arrears, check all required legal documents are in place, and serve the tenant with a formal eviction notice. At the same time, we’ll keep you fully informed and guide you through what to expect next.
Step 1: Arrears Hit Two Full Months
Once the tenant is two months behind on rent, we can legally start the Section 8 process.
Here’s what we do:
-
Confirm rent arrears
-
Assign the case to our Claims Manager
-
Charge a one-off legal admin fee of £149 (inc VAT)
-
Draft and serve the Section 8 Notice (Form 3)
You’ll receive a copy of the notice along with a clear explanation of the next steps. We’ll also notify the tenant by post and email, explaining the seriousness of the notice and the potential impact on their credit rating.
Before we serve the notice, we’ll confirm that these legal documents are in place:
-
Signed tenancy agreement
-
Deposit certificate
-
EPC
-
Gas Safety Certificate
-
Electrical Installation Report
-
How to Rent Guide
-
Tenant reference and credit check
If anything is missing or incomplete, we’ll let you know.
Step 2: Contacting the Tenant
Once the notice has been served, our Claims Manager contacts the tenant to understand the situation and try to resolve things informally. This is also when we send the tenant a clear summary of the process, so they understand what’s at stake and what they can do to avoid eviction. If there's no response within 7 days, we’ll follow up again to give them every chance to resolve the issue.
Phase 2: Legal Proceedings
Step 3: Submitting a Legal Expenses Claim
If the arrears aren’t resolved during the notice period, we activate your Legal Expenses Cover (LetsProtect) and begin a formal claim.
To do this, we submit the following to our insurance partner (ALPS):
-
Tenancy agreement
-
Rent statement
-
Section 8 notice
-
Proof of compliance documents
What we may ask from you:
-
Confirm how and when you gave the EPC, Gas Safety Certificate, and EICR to the tenant
ALPS will assess the claim. If approved, they will appoint a solicitor to progress the case to court.
Step 4: Solicitor Appointed
Once the solicitor is assigned:
-
They’ll review all case documents
-
A witness statement will be drafted and sent to you for signature
-
They’ll file the case with the court and request a hearing date
How long does it take?
Courts are currently taking 6–10 weeks to schedule possession hearings.
Step 5: The Court Hearing
At the hearing, the judge will decide whether to grant possession. Common outcomes:
| Court Decision | What It Means |
|---|---|
| Possession Granted (Standard) | Tenant must leave within 14 days |
| Possession Granted (Extended) | Tenant allowed up to 42 days to leave if vulnerable |
| Adjourned/Defended | More time needed or tenant challenges the claim |
| Possession Refused | Unlikely, but possible if documents are missing or invalid |
Next: We ask you to confirm once the tenant has vacated—via your own visit, a neighbour, or a trusted contact.
Phase 3: Recovery and Enforcement
Step 6: Bailiff Eviction (if needed)
If the tenant does not leave by the court deadline:
-
The solicitor will apply for a bailiff appointment
-
This typically takes 4–8 weeks
-
You may need to attend with a locksmith on the day of eviction
We’ll keep you fully updated throughout.
Step 7: Deposit Recovery
Once possession is regained, we’ll begin the process of claiming rent arrears from the deposit. We submit the court order, tenancy agreement, and rent statement to the deposit scheme.
Response time: 10–28 days
Important: As per your plan terms and conditions, any outstanding management fees, product costs, or other charges owed to Lettingaproperty.com will be deducted from the deposit before any remaining funds are passed to you.
Step 8: Debt Recovery
If rent is still owed after the deposit is applied, and you’ve received rent under your plan’s guarantee, we will pursue recovery from the tenant.
We work with professional debt recovery firms:
-
DCBL
-
The Sheriffs Office
-
HCE Group
We use all available means to locate the tenant and enforce recovery:
-
Social media checks
-
Companies House searches
-
Contacting references
If the possession order included rent arrears, we may proceed directly. Otherwise, we’ll apply for a money judgment first.
Final Notes
We know this process isn’t easy, but it is manageable—and you’re not alone. Our team is here to support you from start to finish, and we’ll always aim to protect your investment, reduce your stress, and act in your best interests.
If you have questions at any stage, please reach out to our Claims Manager.
We’ll get through this — together.