Tenant Eviction Form

If a landlord requires that their rental dwelling is returned but unfortunately the tenant will not co-operate, the ensuing legal process will commence with a section 8 or section 21 notice being given to the tenant.

These eviction notices always need to be in the correct legal format and have very specific wording so that the notice can be deemed enforceable by the law courts. The slightest error on any notice can result in a repossession case being thrown out by the court.

There are two kinds of notices citing section 21 which a landlord may serve. The first is written specifically for notice given prior to the conclusion of a fixed term. The other kind is for serving following the conclusion of the fixed term, when the tenancy has automatically become a periodic tenancy.

To make sure that the notice form is prepared correctly, sensible landlords tend to use a purposely designed tenant eviction form and therefore make sure that no details or information have been missed and it is enforceable in law.

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Enforcement of the Tenant Eviction Form

The tenant eviction form is a binding notice, which means a judge must always grant a landlord with a possession order providing they have filled out the notice properly, served the notice legally and prepared any court papers accurately. Removing a tenant according to section 21 of the Housing Act does not need you to be there at the hearing, nevertheless it is highly recommended.

This is because if as a landlord you fail to appear and a tenant then argues that they did not receive the notice or offers some other defence, the entire process will take far longer as the judge may then request a hearing. Section 21 notices are typically served if a landlord wants their rental dwelling back for purposes other than for outstanding rent, but it can also be used in that situation. Especially if you are simply eager to get them removed from your rental dwelling and do not seek to obtain a CCJ awarded against them for any money still owed.

A section 21 notice usually allows two whole months before its expiration prior to the start of any court proceedings which means they are unsuitable when you have a tenant who is not paying their rent.

Once the eviction notice has been served and the relevant notice period has run out; if you still need to evict tenants because they still have not made the rent payments or have carried on with their unacceptable behaviour then you will have to complete the relevant court paperwork next.

Section 8 Tenant Eviction Form

A key point about a section 21 notice is that it allows the landlord to repossess their rental dwelling as a right. But if you wish to recover possession in the course of the fixed term then it can only be requested if a breach of contract has taken place and can be demonstrated. In this scenario a section 21 notice is not appropriate and landlords should then serve a section 8 notice instead.