Rent or Mortgage Repossession
We are housing solicitors in Exeter. We can advise on all aspects of housing repossession, including Section 8 notices, Section 21 notices, and mortgage repossession. We can provide advice whether you are a landlord looking to issue a notice to quit, or if you are trying to remain in your home after building up rent or mortgage arrears. If you are being evicted, legal aid may be available depending on your financial circumstances.
If you have rent arrears, your landlord will probably try and evict you. Most landlords will need to give you written notice to leave your home, which is known as a notice of seeking possession or a notice to quit.
There are two types of notice to quit, which both operate under the Housing Act 1998. We can advise landlords and tenants on serving the correct notice and what to do when you receive notice.
A Section 8 possession notice can be served by a landlord while the tenancy is still in force. However, it can only be used when the tenant has committed a breach of the tenancy agreement.
A Section 21 possession notice can be served by a landlord who is seeking repossession of the property after a fixed term tenancy ends. Some restrictions do still apply.
Getting a notice to quit doesn’t always mean you’ll have to leave your home by the date it says. In most cases your landlord still has to get a court order before they can evict you and they can’t apply until the notice period has run out. The court order is called a ‘possession order’. If you don’t leave by the date on the possession order, the landlord will need to get a ‘warrant of possession’, allowing the bailiffs to come and evict you. We can advise at all stages and can represent you at court if needed.
If you have fallen behind with your mortgage repayments then you risk losing your home. Your mortgage lender may take court action to repossess your home if you are in arrears. It may be possible to prevent any court action, but you need to act rather than ignoring the situation. We can help try and negotiate an agreement with the lender to avoid going to court.
We’re here to help
Contact us for a quote or to book an initial consultation meeting with one of our housing repossession lawyers.