In some cases, a serious dispute with a tenant could result in eviction. In these circumstances, it’s vital that you have fulfilled your duties as the landlord by providing the tenant with all necessary documents and information, upholding the responsibilities outlined in the tenancy agreement as well as any others that are prescribed by law. Failing to do so can significantly delay the eviction process or strip you of your right to evict, posing a significant risk to your investment and livelihood.
Landlords may evict a tenant with the aim of recovering the property through serving a Section 8 Notice or a Section 21 Notice. At Smith Partnership, we offer a fixed fee for drafting and serving either type of notice. Typically, any court fees or fixed legal costs are recoverable from the tenant.
Section 8 Notices
A Section 8 Notice can be served in situations where a tenant has breached their contract and you intend to repossess the property to avoid any further breaches, losses or damages.
Depending on the ground(s) it is served on, a Section 8 Notice can expire on the same day it is served or within a time frame of two months. The most common reason for serving Section 8 Notices is rent arrears, although there are many other valid reasons for doing so.
In order to serve a notice for unpaid rent which relies on a mandatory ground for possession, the tenant must be at least two months in arrears. If the tenant reduces their arrears to less than two months at any time before the matter comes to court, the court can refuse to grant a possession order. Our specialist landlord lawyers can advise you on the right approach to suit your circumstances.
Section 21 Notices
A Section 21 Notice has to give two clear months’ notice and be in a prescribed form. There are also various legal requirements that need to be met. These vary depending on a number of factors – for example, the start date of the tenancy.
A landlord does not have to specify any reason for serving a Section 21 Notice, and usually, no court hearing takes place. Once again, our solicitors can advise on the most suitable approach for you.