Landlord Eviction Notice
Customarily, the use of eviction notices is related to when a landlord wants their occupiers to get out of their rental property, because they are displeased with some part of the understanding, usually because the rent is not being settled or the property is being damaged. But landlords are also legitimately allowed to ask their tenant to move out without citing any reasons under the Housing Act; so this is not always the true situation.
Landlord Eviction Notice - Section 21
Landlords must always start by serving their tenants with a lawful eviction notice as this is mandatory by law. When landlords are seeking to remove tenants from their rental dwelling, there are two main methods for accomplishing this eviction; the section 8 or the section 21 notice.
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A landlord eviction notice citing section 21, may be issued by a landlord wanting repossession of their dwelling currently rented out by an AST contract given that the term of the tenancy is due to expire. Landlords should not issue this type of notice, if the tenant has disregarded any terms of the tenancy (namely not made the rental payments), when a section 8 landlord eviction notice should be used in its place.
When a landlord wishes their rental dwelling given back quickly by the occupant and the landlord does not wish to chase any outstanding rent amounts overdue, they should use a landlord eviction notice citing section 21. These are a requirement to the accelerated possession procedure, making these notices much faster for regaining custody of rental properties. The disadvantage is that if you go along the section 21 route, no court is able to give any judgments for any outstanding rent therefore landlords will need to pursue reimbursement in parallel with any eviction proceedings. However, luckily most tenants will quickly get their rental payments up to date once they receive an eviction notice.
Landlord Eviction Notice - Eviction Date
Any landlord eviction notice must provide the day by which the landlord is asking their tenant to move out. There are rules governing the earliest date that this may be but these rules hinge on the tenancy type and the reasons why the landlord is asking their tenant to move out. It is expected that tenants will depart from the rental dwelling by the expiration of any notice given and all being well many tenants will move out by this time; however tenants are still within their rights to remain in the property until the landlord obtains a repossession order from a court.
Any landlord may apply to a court for a repossession order, if the tenants refuse to vacate the rental dwelling and should this possession order be granted; then the occupants must vacate by the day specified. If these tenants despite all do not go away, the landlord can then ask the court to arrange eviction by bailiffs. In these circumstances, the landlord can also ask the court for a judgment to recover the costs of the action.