Section 173 Notice
Our expert property team can quickly assess cases and serve the Section 173 notice, removing the hassle of research and the risk of mistakes.
Section 173
Obtaining a Possesion Order
Applying for a possession order can be a daunting task for landlords. Instructing DCB Legal gives landlords peace of mind that the claim will be handled by a specialist property lawyer.
Regaining your property
DCB Legal understands the effect that having to wait to enforce an order can have. Our sister company DCBL offers an unparalleled knowledge of the court processes and practicalities of enforcement.
Specialist Landlord Services
DCB Legal’s specialist property team offers landlords expert advice and services, ensuring the quickest and most cost-effective route to reclaiming properties.
Specialist Property Solicitors
Regaining a property via Section 173 can be a difficult task for even the most experienced landlord. The rules and procedures are under constant review by the Welsh Assembly, and a number of requirements must be met for the claim to be valid. Our expert property litigation team can ensure a claim is compliant and issue a Section 173 notice, removing the hassle of research and the risk of mistakes.
Together with our sister company DCBL, the UK’s leading eviction and high court enforcement provider, we can take your case from start to finish, allowing us to help landlords across England recover their property and arrears quickly and efficiently.
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What is a Section 173 Notice?
A Section 173 notice informs a “contract-holder” (tenant) that they intend to terminate the “occupation contract” (the tenancy) so that they may reclaim possession of a property.
As this is a “no-fault” eviction provision, there does not need to be a specific reason to serve the notice; just that it has been more than six months since the contract holder went into occupation, and none of the situations that can invalidate a notice apply. Section 173 of the Renting Homes (Wales) Act 2016 lays out the procedure to be followed.
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How much Notice needs to be given?
When a landlord issues a Section 173 notice to the contract holder, they are required to give a notice period of six months for the contract holder to vacate the property and has two-months thereafter to begin Court proceedings.
As this is a “no-fault” eviction provision, there does not need to be a specific reason to serve the notice; just that it has been more than six months since the contract holder went into occupation, and none of the situations that can invalidate a notice apply. Section 173 of the Renting Homes (Wales) Act 2016 lays out the procedure to be followed.
What happens if a Section 173 Notice Expires?
If a contract holder does not vacate after a Section 173 notice has expired, then a possession order can be applied for in the County Court. Provided the notice was served correctly and not invalidated by any of the specific reasons and no relevant human rights defence applies, the Court should grant a possession order.
Normally, a possession order is granted without a hearing being required, but in rare cases a hearing may take place. A possession order may still be granted. The possession order will give a time scale for your tenant to vacate, and if they do not then enforcement agents can be instructed to carry out an eviction.
Why use a law firm to issue a Section 173 Notice?
Many issues can arise with a Section 173 Notice not being served correctly, a landlord’s responsibilities not being met, or missing key parts of the process leading to delays in the eviction process. One of the key benefits of using DCB Legal is our specialist property team who offer unrivalled knowledge of both the court process and the practicalities of regaining your property through a High Court Writ of Possession.
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About DCB Legal
Leaders in our specialist fields.
We’ve implemented key measures to ensure our service aligns with our mission “to provide our Clients with an ethical, low-touch Litigation service with unrivalled results”.
DCB Legal has a team designated to the continuous improvement of its processes. The team works closely with the operations manager to ensure focus is given to compliance, internal quality assessment and to the most arduous of tasks. These efficiencies allow the service to be run in the most risk-averse manner for the client.
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What our clients say
Our clients praise us for our great results, personable service and expert advice.
Seek expert advice from DCB Legal
at the outset of any eviction or tenancy issue
David Croot, solicitor at DCB Legal, helped me regained possession of my flat and recouped as much of the arrears as possible. David’s strategic abilities, combined with his empathetic communication style, made me feel confident and reassured. His patience, kindness, exceptional knowledge and, importantly, experience allowed me to achieve the best possible outcome.
Heleen VW
Section 21 & Section 8
Although we were unsuccessful in our first attempt in court, we were successful in our second attempt. This whole process was handled by Neil Smith very professionally and he couldn’t have done any more during the first attempt at court date one. We have now been granted possession and are renovating our property at present. If we decide to go for our back rent we would definitely be in touch with Neil again.
Thank you DCB Legal!
Caroline and Andy Ruane
First rate service
First rate service. Having been badly let down by a supplier, DCB Legal successfully recovered all of my money. They took all the stress and worry out of the legal process and kept me fully informed at all times.
Thank you DCB Legal!
V A Rimington
Debt recovery
Would recommend this company. Very easy process to follow and supportive throughout the process. Everything, including costs and potential future costs were explained clearly in the first phone call.
Very happy with the outcome and first port of call should we need this type of service again.
Janet Farrell
I was pleased with how efficient and…
I was pleased with how efficient and simple it was to use the services of this company. I had a tenant who was refusing to move out, despite not paying rent for a long time. Within 3 weeks of engaging the services of this company the tenant was gone. I believe that the weight of a legal letter is much more valued than me writing to the tenant. I wish I had used them earlier in the process.
Michael
Can’t Pay? We’ll Take It Away!
One Solution for Landlords.
DCBL and their agents, exclusively featured on the popular series ‘Can’t Pay? We’ll take it away’, are now known worldwide as the face of High Court Enforcement – most notably for their ethical approach to enforcement of County Court Judgments and Possession orders.
Often, delays in the county court bailiff services mean landlords can be waiting months before an agent can attend with no guarantee of results. DCB Legal offers our clients a seamless transfer of cases to DCBL, allowing for swift enforcement action carried out in an ethical and pragmatic manner.
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