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Tenant Eviction Section 8 and 21 Eviction

  • By Steven Hayes
  • Published 11/1/2012

To evict a tenant, you are required to seek legal help. This is a legal procedure. Therefore, it is important that you hire a competent solicitor to get rid of the tenants. Applying force or threat to evict a tenant is an illegal affair. You can be punished for using strength for eviction.

There are several ways of terminating a tenancy. You need to seek legal advices from a competent solicitor if you are seeking to obtain possession order. It is important that you serve a notice to quit before applying to the Court. The notice to quit is known as section 21 eviction notice.

If you are serving the notice to quit within the fixed term of tenancy, you need to provide a two month notice period to the tenants. Those who are serving this notice after the fixed tenancy term has expired will still have to give a notice period of two months. In case of any error in this notice, the claim for possession will become invalid and the eviction process will be delayed.

As a landlord you can serve this notice anytime you want. However, in case there is any problem with the tenancy deposit, the process may get delayed. For this most of the landlords seek assistance from a competent solicitor with the experience of handling such type of eviction.

There are situations when you cannot serve this notice. In case the tenancy deposit is not safeguarded in a scheme authorised by the government this notice will not be valid. If you have rented unlicensed property, you may not be able to get the notice. The tenancy deposit must be protected within a month; otherwise you will not be able to obtain the section 21 notice of eviction. This notice will remain valid till the next tenancy agreement.

After serving this notice, you are required to wait for the mentioned date of eviction to expire. If the tenants do not leave the property by then, you can move to Court to get possession order.

You can apply for accelerated possession orders after the notice period has expired. However, to obtain the accelerated possession order, you need to have a written tenancy agreement. A valid copy of section 21 notice is also required and along with this the tenancy should be of assured shorthold tenancy.

As a landlord you have the right to seek possession of your property. Sometimes the tenants breach the terms of the tenancy. In such case, you can serve section 8 eviction notice. Even if the tenants breach the terms of tenancy, the landlord cannot use force to evict the tenants.

To begin the process, you need to let the tenants know that you want to seek possession of the property by serving a section 8 notice. In this notice you should clearly mention the ground for which you want to seek possession of the property.

It is advisable that seek assistance of a competent solicitor to prepare the notice as any mistake can delay the process of eviction. This notice also can be served by post or by person. If the tenants refuse leave the property even after receiving the notice, you can apply for a possession order in the Court.

Author Bio: Steven Hayes is a professional consultant who offers advice on a wide variety of issues. He provides insight on section 8 eviction notice.


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