I would like to find out what kind of notice I need to serve on my tenant. In no uncertain terms, I want her out of the property as soon as possible. I was told that I need to use either a Section 8 notice or a Section 21 notice? What exactly are a Section 8 notice and a Section 21 notice, and what is the difference? I was told that I must be careful on how I go about it, in order to ensure that everything goes well, if I end up taking her to Court for eviction. Please can you advise me on how it works when giving a tenant notice to leave a property?
The Answer from Solicitors Online
A Section 8 notice ( Section 8 of the Housing Act 1988)
For you to ensure that you can evict a tenant and regain possession using Section 8 of the Housing Act 1988.
Your must serve a written notice on the tenant in accordance with the law. Your notice must be based on the correct ground of possession under Section 8. There are 17 different grounds of possession.
When giving your tenant a Section 8 notice, you must give a specific notice period, how long the notice period is, depends on the ground of possession that you are relying upon.
When writing a Section 8 notice letter, it must be written in accordance with the specific requirements under Section 8 of the Housing Act 1998. Our online Property Solicitors on Talk2Solicitors.co.uk can advise you on drafting a notice a Section 8 notice.
What is a Section 21 notice?
If the agreed tenancy length has ended, and rent is not in arrears, a Section 21 notice is what you should use to give the tenant notice to leave the property. The period of notice that you give must be at least two months. This type of notice is officially called a Section 21 notice to quit. The notice period will end on the last day of month in the second month of the notice period.
When the agreed length of tenancy comes to an end, the tenant will then be on periodic tenancy. This is when the tenancy runs from month to month.
When writing a Section 21 notice to quit, you must write it in accordance with Section 21 of the Housing Act 1988. Our online Property Solicitors on Talk2Solicitors.co.uk can advise you on drafting a notice a Section 21 notice.
Things to be aware of when serving notice on a tenant
You should always keep a copy of the notice that you served, a record of the date and time that you served notice, the method of service and the person who served it.
In case you need to go to Court to get a possession order. The tenant may well dispute that you served them with notice, therefore the case could be thrown out of Court if the Judge believe the tenant. In order to avoid this, it is best that you deliver the written notice to the tenant yourself or use a process server who can serve the papers on your behalf. If you use recorded delivery the tenant could refuse to accept the delivery.
Going to Court to evict a tenant
If the tenant does not respond to your written notice, you may wish to go to Court to get an official possession order and a Judgement for your rent arrears, if there are any. There are two types of proceedings that you can bring at Court.
You can use Accelerated proceedings if your tenant’s fixed term stated in the tenancy agreement has now come to an end, and you have given the tenant a Section 21 notice to quit. For you to bring an Accelerated proceeding, you must first ensure that your tenant’s deposit has been correctly protected by being stored under the tenancy deposit protection scheme. If you have not done this, you case will be thrown out by the Court.
Proceedings with a hearing in Court
If you are claiming for rent arrears or any other grounds of possession listed under Section 8 of the Housing Act 1988 and the tenant is disputing the matter, then you will have to attend a Court hearing and present your case to a Judge. If you are successful the Court will grant you with a Judgement for rent arrears and future rent until the tenant leaves the property.
If the tenant continues not to pay the rent, you can get your Judgement enforced through the Courts, you will also be entitled to claim for your costs in bring the case to Court.
If you need to bring proceedings at Court against a tenant, and are representing yourself in bringing the Court proceeding and need legal advice, speak to one of our Solicitors online right now.