Eviction Notice

One of the most stressful parts of being a residential landlord is obviously when you have complications with the tenants that are staying in your rented dwelling. Sensible landlords always look into their entitlements as a landlord very thoroughly, so that they know how to get an acceptable outcome, as well as ensuring that they sort out with all matters within the letter of the law.

This is a very good way to minimize any stress when endeavoring to resolve any concerns with unacceptable tenants. So to help new landlords and explain some of the rules regarding eviction, here is a short overview of the relevant parts of section 21 in the Housing Act as well as how to serve an eviction notice.

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What is an Eviction Notice

The eviction notice can be served by a landlord wishing to terminate an AST in advance of or after the conclusion of the term previously agreed. When concluding an AST landlords are obligated by the law to provide tenants with at least two months notice. If repossession is needed whilst within the fixed term; it may only be given if a contravention in the tenancy agreement has occurred and for these circumstances a notice according to section 21 is not the best tactic, instead a notice citing section 8 grounds should be given to the tenants.

The pertinent Section 21 sub sections that all landlords should know about are;

Sub Section No. 1;

Lays down the rights of the landlord with a shorthold tenancy agreement to request repossession of their rental property, originating from the termination of a shorthold tenancy that was over the fixed term.

Sub Section No. 1a;

This section is applicable when a tenancy has run its term and no supplementary AST is given with the exception of an assured shorthold periodic tenancy.

Sub Section No. 1b;

The Section 21 1b eviction notice, is intended specifically for notices served before the end of the fixed term.

Section 21 Sub section 4a;

A sub section 21 4a eviction notice can also be employed to indicate that a landlord is looking to end a tenancy. This Section 21 4a notice should only be utilised for a tenant where the tenancy has changed into a statutory periodic tenancy, which is a tenancy that continues on following the conclusion of any fixed term previously agreed. The Housing Act Section 21 revised in 1996 now includes the fact that the landlord is required to provide their tenants with no less than 2 months written notice stating that repossession of the dwelling is being sought.

Eviction Notice - Getting it Right

In nearly every situation, to ensure that the repossession notice is filled out correctly, that no particulars have been neglected and is therefore binding in law, landlords should use an eviction notice formatted by someone with legal training, For all sub sections within section 21 a landlord must always provide a tenant with at least 2 months notice, in writing stating that they require repossession of their rental dwelling.