How long will it take?
This will vary depending on if the tenant raises a defence/ counterclaim, and how quickly the court deals with the matter. Typically, both proceedings can take four to six months.
How much does it cost?
We offer fixed fees for drafting and serving either a Section 21 or a Section 8 notice. We also offer a fixed fee for assisting you with Section 21 and Section 8 proceedings. Please contact us for further information.
What happens after the notice has expired?
If the tenant doesn’t leave, then we can help you to issue a claim for possession at court.
How do I get my property back?
Whether your tenants have rent arrears, have caused damage or you simply need it back, the first step is to serve them with either a Section 21 Notice or a Section 8 Notice (under the Housing Act 1988).
Whats the difference?
A Section 21 Notice must be in writing and give two clear months’ notice. There are also additional requirements depending on when the tenancy started. The tenant doesn’t have to have breached their tenancy.
A Section 8 Notice must be in a prescribed form and gives two weeks’ notice. It applies when the tenant has breached their tenancy in some way, usually by building up rent arrears.
What is TWOC?
TWOC stands for Taking Without the Owner's Consent. It covers the scenario where a person takes a vehicle, without the owner's permission, for his or her own use. The offence is often referred to as ‘joy-riding’ and is less commonly charged these days, presumably because vehicle security has improved. It carries a maximum penalty of six months' imprisonment. A suspect could expect to be charged with theft of the vehicle, which has more serious sentencing consequences, if he or she intended to keep it. A passenger can also be charged if knowingly carried in a vehicle taken without consent.
I have had an accident and left the scene, should I go to the police?
Leaving the scene of an accident is ill-advised and has serious sentencing consequences if you are charged with an offence. We would advise you to make immediate contact with the police to explain the circumstances. A member of our team will be able to help you coordinate this and attend the police station with you.
I have no insurance on my car and now have to go to court, will I go to prison?
Whilst the personal consequences could be significant, you cannot receive a custodial sentence as driving without insurance is non-imprisonable.
Do I need a solicitor at court for a motoring offence?
If you have been required to attend court, it is likely that the implications of the charges are significant. This could include the prospect of disqualification or imprisonment. We will always be able to assist with court proceedings and advise as to law and procedure. We can discuss available fee options, which could include Legal Aid in the most serious cases.
I am a HGV driver and have been caught speeding, what should I do?
You should make immediate contact with a member of our team. The circumstances of the offence and the level of speed will determine whether a court appearance is necessary. Your employer should also be informed. Should a period of disqualification ensue, there could be implications for your future HGV licensing status.
What is the maximum number of points anyone can have on their driving licence?
Drivers generally face a minimum six-month disqualification on accumulating 12 points over a three-year period. Recent publicity has reflected upon drivers who have accumulated alarming levels of points and retained their licences. This is feasible when a driver can establish, by giving appropriate evidence, that he or she and/or third parties would suffer ‘exceptional hardship’ if he or she was banned. New Drivers who accumulate six points will have their licence revoked by the DVLA which will necessitate re-taking their test. This should be distinguished from a disqualification by the court.