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Landlord Notices
If you are a landlord renting a property, when issues arise with an occupying tenant, sometimes tenancy agreements are not enough to resolve those issues. In these situations, Notices such as Possession, Section 21 and Section 8, and Change of terms are all available to help protect you in reclaiming rent, enforcing rules and evicting your difficult tenants.
As a landlord, it is important to know what help is available to you when attempting to remove a difficult tenant. There are two main notices that you can serve on your tenants in certain circumstances.
Section 21 of the Housing Act 1988, provides you as a landlord, with a legal right to regain possession of your property from a tenant at the end of a tenancy. This is applicable to Tenancy agreements that started on or after 28th February 1997. As a landlord, you are able to issue the Section 21 notice 6 months after the start of the tenancy without giving any reason for ending the tenancy agreement.
If you wish to regain possession before the end of an agreed term, this may be possible if you can show certain conditions have been met. In order to do this you must first issue your tenant with a valid Section 8 notice, setting out the grounds.
The Section 8 Notice differs from the Section 21 notice in that, as a landlord you will be able to serve the notice on your tenant when wishing to regain possession of your property at any time including during the 'fixed term'. You can only use the Section 21 notice for regaining possession after the fixed term has expired.
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"Even with a tenancy agreement in place, landlords sometimes need a little extra protection..."
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At Ash Solicitors we can help you in preparing and serving the Section 8 and Section 21 notices, including assistance in obtaining the order for possession from the courts, and documentation of the agreement in the prescribed format. We can also advise on the legal grounds upon which you may seek possession at various points in the life of the tenancy agreement.
If you are a landlord seeking to remove a difficult tenant, are just seeking advice on serving notices on your tenants, or if you are ready to serve a notice, contact us today for legal advice or to arrange an initial consultation on
+44 (0) 208 570 8588.
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