An eviction notice is the starting point when seeking possession of your property.

You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both. These are referred to as eviction notices and they are are pre-requisite in gaining possession of your property.

Section 8 Notice

You can use a Section 8 eviction notice if your tenants have broken the terms of the tenancy agreement such as not paid their rent for a period of 2 months or more or other breaches of the tenancy agreements.  There are numerous grounds you can use; however, the most common ground used is arrears of rent.

Evicting a tenant using the Section 8 is very different to using Section 21 and carry some pitfalls. It is the route to be used if Section 21 is not an option available to you. For example, if you cannot meet the requirements of Section 21, you could use the section 8 route.

Section 21 notice of seeking possession

Using the Section 21 eviction Notice is often more straight forward and can be used in situations such as:

• after a fixed term tenancy ends – if there’s a written contract
• during a tenancy with no fixed end date – known as a ‘periodic’ tenancy

There are certain circumstances when cannot use a Section 21 notice. If any of the following apply you cannot use a Section 21 Notice:

• it’s less than 6 months since the tenancy started
• the fixed term has not ended, unless there’s a clause in the contract/tenancy agreement which allows you to do this
• the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
• the council has served an improvement notice on the property in the last 6 months
• the council has served a notice in the last 6 months that says it will do emergency works on the property
• the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme
• you do not have a landlord licence – if you live in Wales
• if you are facing a claim for Housing Disrepair, you could be prevented from evicting your tenant at all. If you are facing a claim for Housing Disrepair, you can speak to us to Defend you against such claims.

You also cannot use a Section 21 notice if you have not given the tenants copies of:

• the property’s Energy Performance Certificate
• a current gas safety certificate for the property
• the government’s ‘How to rent’ guide

If you are starting off a Landlord and need help and advice, speak to us. We can assist with expert legal advice to ensure you are always compliant. The Housing Team at Amin Haque Solicitors help landlords across the country protect their interests, defend claims and remain compliant. You can speak to us to help you with the relevant Notice and find out more about our eviction services by visiting the section 8 and section 21 eviction service. 

We offer fixed fee services and offer free initial consultation. Contact us now on 0161 637 8588.