Evicting a Tenant

If your tenant does not settle their rental payments punctually, it is wise to get in touch with them as soon as possible and talk to them about it, just in case it is an issue you can settle in a friendly way, as formal actions can be quite stressful and expensive for both parties.

It is always a good idea to issue a section 21 notice at the first sign of trouble, just in case the problem is not resolved and you need to consider evicting a tenant. A repossession notice is served by a landlord wanting to cease an assured shorthold tenancy either in advance or subsequent to the conclusion of the fixed term.

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If happily, you are able to come to an agreement with your tenants, this agreement should be explicitly stated in a document, so that both parties are clear on the situation. If, unluckily you are unable to reach agreement then you will have no option but to consider evicting a tenant and commencing court proceedings.

Evicting a Tenant using Section 8

A section 8 notice can only be served on a tenant who has broken the terms agreed in the tenancy agreement; the most common term broken being failure to pay rent. The 1988 Housing Act offers seventeen grounds on which a landlord may seek repossession and to go about evicting a tenant prior to the conclusion of a fixed term in a tenancy.

A landlord may not evict a tenant without getting a possession order first from a court, irrespective of the term which has been broken. Prior to submitting an application to the court for a repossession order, a landlord must issue a section 8 eviction notice, which declares that the landlord is seeking possession of the rental dwelling and details the ground/s on which repossession is pursued.

The notice must be presented in the correct format and must detail which grounds the landlord proposes to cite in order to regain custody of the property. The notice must also include the landlord's reasons for citing those specified grounds. Any mistake made when preparing or serving the section 8 notices is liable to holdup the landlord's claim for repossession.

Evicting a Tenant using Section 21

Section 21 repossession notices gives the landlord the right to repossess their rental dwelling regardless; but if you want to retake possession during the fixed term then this can only be obtained if a breach of contract can be verified. In this scenario, landlords should utilise a section 8 notice form, as a notice citing section 21 will not be enforceable during the fixed term.

The significant point relating to section 21 is that it gives landlords the lawful prerogative to reclaim their rental dwelling. In order to terminate legally an assured shorthold tenancy at the finish of the fixed term, a landlord is obligated to provide a repossession notice to their tenant, in writing and providing a minimum notice period of 2 months.