In some cases, a serious dispute with a tenant could result in eviction. In these circumstances, it’s vital you have fulfilled your duties as a landlord by providing the tenant with all necessary documents and information, upholding the responsibilities under the tenancy agreement as well as any others that are prescribed by law. Failing to do can significantly delay the eviction process or strip you of your right to evict, posing a significant risk to your investment and livelihood.
Since Section 21 “no-fault” notices were abolished on 1 May 2026 by the Renters’ Rights Act 2025, a landlord must now serve a Section 8 Notice if they want to evict a tenant.
A Section 8 Notice must be in the prescribed form; set out the ground(s) for possession that are being relied on and give the tenant the correct amount of notice. After the notice has expired, the landlord must then obtain a possession order from the Court and then instruct a Bailiff to carry out an eviction.
At Smith Partnership, we offer a fixed fee for drafting a Section 8 Notice on certain grounds, including where the landlord wants to sell the property; move back into the property themselves or move a family member in, or where there are at least 3 months’ rent arrears. We also offer fixed fees if a claim for possession and an application for a Bailiff’s Warrant become necessary. Typically, Court fees and fixed legal costs are recoverable from the tenant if a possession order is made.
Our specialist landlord and tenant solicitors can advise you on the right approach to suit your circumstances.