Eviction Notice Form

Experienced landlords always try to settle any difficulties that they have with their tenants as soon as possible. They understand the benefits of being fair and they often find that they can frequently sort out a problem simply by talking it over with their tenants. Nonetheless if this fails and they need to pursue a court proceeding to obtain the eviction of the tenants from their rental dwelling; experienced landlords always make sure that they serve a legally enforceable eviction notice form.

This notice will be one or other of a Section 21 or Section 8 repossession notice; where the latter notice is employed a tenant should have outstanding rent debts of greater than eight weeks or two months, depending on if the rental payments are made every week or every month.

Eviction Notice Form - Section 21 Entitlement

The important point about using a section 21 notice is this gives all landlords the lawful right to reclaim their rental dwelling. Every named tenant must be served when there is more than one tenant, hence it is vital that each tenant is served with their own notice; landlords should also require that all tenants send back a signed version to them. However, when there are one or more landlords, this notice may be served by any landlord.

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Eviction Notice Form - Section 8 Entitlement

A landlord is compelled to state in any eviction notice form the grounds they intend to cite as well as providing the background evidence on the applicable grounds. Section 8 provides seventeen separate grounds which landlords may cite when requesting repossession. Grounds one to eight 8 are compulsory grounds which mean that the court must issue a possession order for a landlord if these grounds are proven; whereas grounds nine through seventeen are discretionary and are consequently up to the court to decide.

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To be able to serve a section 8 notice legally, a landlord must check that one or more of the 17 grounds apply or otherwise ensure that their tenants have broken a part of their tenancy agreement.

These applicable grounds include;

• Failure to make the rental payments.
• Damage and destruction of the property.
• Too numerous people residing in the rental dwelling.

All tenants have 14 days to react if they are served with an eviction notice form and it usually takes about five weeks for a hearing date after the application for repossession has been made. The landlord needs to be there at the court hearing so that they can give the court the particulars of the tenancy agreement , show any rent that is owing or demonstrate any other breaches in the tenancy agreement; and to hand over a photocopy of the served notice. Usually a judge will require the tenant to vacate the rental property within fourteen days though this can be as long as six weeks in certain circumstances.

Landlords cannot throw their tenants out without using the legal process and pertinent eviction notice form as it is a criminal offence to simply evict tenants; except by adhering to the relevant Housing Act.