What is the difference between Section 21 and Section 8 eviction?

Section 21 is a "no-fault" eviction where the landlord does not need to prove grounds — it is being abolished from 1 May 2026. Section 8 is a "fault-based" eviction where the landlord must prove a statutory ground such as rent arrears, breach of tenancy, or anti-social behaviour. From 2026, all evictions must use Section 8.

How much notice must I give before serving a Section 21 notice?

Section 21 notices must give a minimum of 2 months notice. The notice period runs from the date the notice is served to the tenant. After the notice period expires, if the tenant has not vacated, you can apply to court for a possession order. Note: Section 21 is abolished from 1 May 2026.

What are the grounds for a Section 8 eviction?

Section 8 grounds include: rent arrears (Ground 8/10/11), breach of tenancy (Ground 12), anti-social behaviour (Ground 14), and landlord's own use (Ground 1). The Renters' Rights Act 2026 introduces new grounds including landlord sale and landlord's family moving in. Each ground has different notice periods and evidence requirements.

Can I evict a tenant for rent arrears?

Yes, but only through Section 8 proceedings. You must prove the tenant is in arrears of at least 2 months rent (or 8 weeks for periodic tenancies). You must serve a Section 8 notice with at least 2 weeks notice, then apply to court if the tenant does not pay or vacate. Court approval is required — you cannot evict without a possession order.

How long does a possession claim take?

A Section 21 accelerated claim typically takes 4–8 weeks from application to possession order. A Section 8 claim takes 8–16 weeks depending on whether the tenant contests the claim and whether a hearing is required. After obtaining a possession order, if the tenant does not vacate, you must apply for a warrant of possession, which adds another 2–4 weeks.

What happens if the tenant does not attend the possession hearing?

If the tenant does not attend, the court will typically grant a possession order in your favour by default. However, the tenant can apply to set aside the order within 14 days if they have a reasonable excuse. It is still advisable to attend the hearing to present your case and ensure the order is granted.

Do I need a solicitor for a possession claim?

You do not legally need a solicitor, but it is strongly recommended. Housing law is complex and procedural errors can invalidate your claim. Our in-house solicitors handle the entire process — from drafting notices to court representation — at fixed fees with no surprises.

What is a Rent Repayment Order?

A Rent Repayment Order is a court order requiring a landlord to repay rent to a tenant. Tenants can claim if the landlord has breached housing law — for example, by letting an unlicensed HMO or failing to protect a deposit. Orders can cover up to 12 months of rent. Having a solicitor ensure full compliance minimises this risk.

Can I recover legal costs from the tenant?

In possession claims, you can recover some court costs, but not your solicitor's fees unless the court orders otherwise. Our fixed-fee service means you know the cost upfront — there are no surprises even if the case is contested.

Fixed-Fee Landlord Legal Services

Transparent, fixed-fee legal services for landlords in Chester. From drafting Section 21/S8 notices to full court representation, our in-house solicitor handles every step of the eviction process.

No surprises. No hidden costs. Just clear, expert legal advice and representation when you need it most. Whether you're dealing with rent arrears, breach of tenancy, or anti-social behaviour, we provide fixed-fee solutions that protect your investment and your rights.

Our Fixed-Fee Services

Drafting and Serving Pre-Notice Documents

At PDA Lettings, we understand that taking the correct legal steps before serving a formal eviction notice is crucial to protecting your rights as a landlord. Our team provides a comprehensive service for drafting and serving all necessary pre-notice documents, ensuring full compliance with current housing legislation and minimising the risk of delays or legal challenges.

Includes:

✓Tailored drafting of pre-notice documentation specific to your tenancy and legal grounds
✓Advice on compliance with the Housing Act 1988, Section 8 or Section 21 pre-conditions
✓Verification that all statutory requirements, such as deposit protection and prescribed information, are met
✓Professional and legally compliant service of documents to tenants

Fee (ex. VAT):£200

VAT (20%):£40

Total:£240

Drafting and Serving S21/S8 Notice

Serving a Section 21 or Section 8 notice correctly is critical to the success of any possession claim. An error in the notice — whether in the prescribed form, timing, or service — can invalidate the entire process. Our solicitor ensures every notice is drafted and served with precision.

Includes:

✓Assessment of the correct notice type for your circumstances
✓Drafting of Section 21 or Section 8 notice in the prescribed form
✓Verification of all pre-conditions (deposit protection, EPC, gas safety certificate)
✓Legally compliant service of notice to tenant(s)
✓Confirmation of service and record-keeping for court proceedings

Fee (ex. VAT):£250

VAT (20%):£50

Total:£300

Application for Possession Based on S21

Where a valid Section 21 notice has been served and the tenant has not vacated, we can make an application to the court for a possession order. Note: Section 21 will be abolished from 1st May 2026 under the Renters Rights Act. If you need to use this route, act now.

Includes:

✓Review of Section 21 notice validity and pre-conditions
✓Preparation and filing of N5B accelerated possession claim
✓Correspondence with the court on your behalf
✓Advice on next steps following the possession order

Fee (ex. VAT):£400

VAT (20%):£80

Total:£480

Application for Possession Based on S8

A Section 8 possession claim requires the landlord to prove one or more statutory grounds for possession. This is the primary route to possession under the new Renters Rights Act. Our solicitor will build the strongest possible case on your behalf.

Includes:

✓Assessment of applicable Section 8 grounds
✓Preparation of evidence bundle (rent arrears schedule, breach documentation)
✓Drafting and filing of N5 possession claim
✓Preparation of witness statement
✓Correspondence with the court and tenant

Fee (ex. VAT):£500

VAT (20%):£100

Total:£600

Attendance at Hearing

Where a possession hearing is listed, our solicitor will attend court on your behalf to present your case and seek a possession order. We prepare thoroughly to ensure the strongest possible outcome.

Includes:

✓Pre-hearing preparation and case review
✓Attendance at the possession hearing
✓Advocacy on your behalf before the District Judge
✓Post-hearing advice on next steps
✓Liaison with court regarding hearing outcomes

Fee (ex. VAT):£600

VAT (20%):£120

Total:£720

Additional Witness Statements

In some cases, additional witness statements are required to support your possession claim — for example, where there is a dispute about the facts or where additional evidence is needed to prove a Section 8 ground.

Includes:

✓Taking instructions and drafting witness statement
✓Review and finalisation of statement
✓Filing with the court
✓Advice on the content and weight of evidence

Fee (ex. VAT):£150

VAT (20%):£30

Total:£180

Application for Warrant

Where a possession order has been granted but the tenant has not vacated, it may be necessary to apply for a warrant of possession to instruct bailiffs to enforce the order.

Includes:

✓Application for warrant of possession (N325)
✓Liaison with the court bailiff service
✓Advice on the enforcement process
✓Notification to tenant of bailiff appointment

Fee (ex. VAT):£200

VAT (20%):£40

Total:£240

Why Choose PDA for Legal Services?

Expertise in Housing Law

Deep knowledge of landlord-tenant legislation, including the new Renters Rights Act 2026.

End-to-End Support

Comprehensive service from initial advice through to court representation and enforcement.

Clear, Practical Advice

Jargon-free guidance on your rights and options — you always know where you stand.

Efficient, Cost-Effective Service

Fixed fees mean no surprises. Quick, effective solutions to protect your investment.

Trusted by Landlords

We treat every case with the same care and urgency — whether you have one property or a portfolio.

In-House Solicitor

Chester's only lettings agency with an in-house landlord's solicitor — no referrals, no delays.

Housing law is complex and constantly evolving. The Renters' Rights Act 2026 introduces significant changes to eviction procedures, notice periods, and landlord obligations. Having expert legal support is no longer optional — it's essential.

Our in-house solicitor brings years of experience in landlord-tenant law. We don't just handle your case — we advise on strategy, help you understand your options, and ensure every step complies with current legislation. Fixed fees mean you know the cost upfront, with no surprises.

Frequently Asked Questions

Ready to Protect Your Investment?

Contact our team today for a free consultation. We'll discuss your situation, explain your options, and provide a fixed fee quote with no hidden costs.

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