Section 8 Notice - Section 21 Notice - Tenant Eviction Letter

If you have rented out your property to a tenant on an Assured Shorthold Tenancy, there are 2 Notices that can be served to regain possession of your property.

Section 21 Notice – Accelerated Possession Procedure

A Section 21 Notice is a statutory non-fault based notice that we can serve on your tenant during the fixed term of the tenancy to inform him or her that we require possession of the property at the end of the tenancy. Alternatively, the Section 21 Notice can be served after the fixed term tenancy has expired if your tenant remains in occupation.

Section 8 – Notice of Intention to seek possession

A Section 8 Notice is a statutory fault based notice that we can serve on your tenant at any time during the term of the tenancy. The Section 8 Notice informs the tenant that he or she is in breach of the terms of his tenancy agreement and as a result you intend to seek possession of the property. The most common breaches are rent arrears, consistent late payment of rent, and nuisance. Any subsequent Court proceedings can include a claim for rent arrears too.

Tenant Eviction Letter:

If you have already served a Section 21 Notice at the commencement of the tenancy, we would strongly recommend that a Tenant Eviction Letter be served on the tenant before commencing Court Possession Proceedings. This letter before action may avoid the time and expense of Court proceedings.

ACT NOW >>

Point To Note:

Caution!

It is a criminal offence to forcibly evict your tenant. Do not have your tenant evicted without a Court Order. You may have to pay compensation to the tenant even if they owe you rent! You run the risk of a criminal prosecution.

Point To Note:

Section 47/48 Notice:

Section 47 and 48 of the Landlord and Tenant Act 1987 requires the landlord to provide to the tenant an address in England and Wales where notices may be served upon the landlord. Where no such notice has been served, or where the address provided is no longer relevant, rent payments are not legally due and your possession claim may be struck out by the Court. Serve section 47/48 Notice now.

Point To Note:

Property in Disrepair:

Beware of commencing proceedings under Section 8 if your property is in any state of disrepair as this could lead to your tenant making a Counterclaim against you. This could lead to expensive and protracted Court proceedings.