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Do You Want To Evict Your Tenant?

Eviction is a 3-step process; giving notice, seeking possession from the court, and then enforcement. You must ensure that your notices are correct, otherwise when you seek a possession order from the court, it will be denied. There are two types of notices, a Section 8 Notice, and a Section 21 Notice. There are advantages to each, and it is important to seek legal advice as to which would be the most appropriate in your current situation.

Section 21 Notice

A Section 21 Notice can be used to evict your tenant after the fixed term of the tenancy ends, or at any point during a periodic tenancy (where there is no end date). You have to give 2 months’ notice to evict, and if your tenant does not leave, you will be able to seek a possession order from the court. Unfortunately, Section 21 Notices can be invalidated in a variety of circumstances. One notable example is if the deposit has not been protected within the requisite timeframe. It is important to ensure, before sending off your Section 21 Notice, that you seek advice as to its validity, in order to not waste time and money.

Section 8 Notice

Section 8 Notices are often more complex, and it is vital you seek legal advice as soon as possible. Section 8 Notices can be used to evict a tenant during the fixed term of the assured shorthold tenancy. You can only use a Section 8 Notice if you satisfy one of the number of grounds listed in the Housing Act. Some of the grounds are mandatory, meaning the court must grant possession if the ground is met. Whereas others are discretionary, meaning the court can decide whether to grant possession, even if the ground is met. The most common mandatory ground which is used is when the tenant is in 2 months rental arears. The tenant must remain in a minimum of 2 months rent arrears from when the notice is issued until the court date, otherwise the ground will not be satisfied. If the ground is satisfied, then the court has no option but to award a possession order. It is imperative that specialist advice is sought before a Section 8 Notice is used, because if the notice is incorrect, the court may refuse to grant the possession order which would leave you with mounting rent arrears. Once your notice expires, it is time to think about issuing for an order of possession.

We offer a wide range of advice and support for Landlords and Letting Agents. If you need any advice or assistance relating with your notices or any upcoming possession proceedings, please do not hesitate to contact me on 01133 50 40 30 or at hello@scesolicitors.co.uk.

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SCE Solicitors is a boutique employment law practice based in Leeds which advises clients nationwide.  Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.

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